Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No.
Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland
County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting
Defendant-Appellant LLOYD TATE, PRO SE.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
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 PROCEDURAL HISTORY
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
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.
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.
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.
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.
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.
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 ...