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State v. Tate

Court of Appeals of Ohio, Fifth District, Richland

August 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
LLOYD TATE Defendant-Appellant

         Appeal from the Richland County Court of Common Pleas, Case No. 2012-CR-666D.

          For Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting Attorney.

          For Defendant-Appellant LLOYD TATE, PRO SE.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          HOFFMAN, J.

         {¶1} Defendant-appellant Lloyd L. Tate appeals the January 23, 2017 Judgment Entry entered by the Richland County Court of Common Pleas denying his motion entitled "Direct Attack Statutorily Violations." Plaintiff-appellee is the state of Ohio.

         STATEMENT OF PROCEDURAL HISTORY[1]

         {¶2} On October 9, 2012, the Richland County Grand Jury indicted Appellant was indicted on one count of attempted murder, a felony of the first degree; and two counts of felonious assault, one for causing serious physical harm and one for use of a deadly weapon, both felonies of the second degree. A repeat violent offender specification and a vehicle forfeiture specification were attached to each count of the indictment.

         {¶3} Following a jury trial, Appellant was found guilty on all three counts in the indictment. The trial court then heard arguments regarding the repeat violent offender specification. The state of Ohio offered Appellant's conviction for robbery from 1989, in Richland County Case No. 89CR165. The trial court found Appellant guilty of the repeat violent offender specifications. The trial court also granted forfeiture of Appellant's truck.

         {¶4} The trial court sentenced Appellant to eleven (11) years in prison on the charge of attempted murder and two (2) years on the repeat violent offender specification. The felonious assault charges were found to be allied offenses to the attempted murder charge.

         {¶5} On January 25, 2013, Appellant filed a notice of appeal to this Court of his convictions and sentence. The transcript was filed on April 9, 2013. Appellant filed his brief with this Court on June 10, 2013, arguing, in part, the trial court erred in finding him to be a repeat violent offender and sentencing him to two years consecutive to the maximum sentence on the attempted murder charge.[2]

         {¶6} On November 21, 2013, in State v. Tate, 5th Dist. Richland No. 13 CA 5, 2013-Ohio-5150, this Court affirmed Appellant's convictions, sentence, and repeat violent offender specification finding.

         {¶7} On August 29, 2014, Appellant filed a motion for delayed appeal with the Ohio Supreme Court. The motion was denied on October 22, 2014 in State v. Tate, 140 Ohio St.3d 1465, 2014-Ohio-4629, 18 N.E.2d 445.

         {¶8} On March 23, 2015, Appellant filed with this Court a motion to reopen his direct appeal, which was denied on May 19, 2015. Appellant appealed the denial to the Ohio Supreme Court. The Ohio Supreme Court declined ...


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