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State v. Jones

Court of Appeals of Ohio, Seventh District, Mahoning

December 19, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
AARON L. JONES, SR. DEFENDANT-APPELLANT

         Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 2006 CR 95

          For Plaintiff-Appellee: Atty. Paul J. Gains Mahoning County Prosecutor Atty. Ralph M. Rivera Assistant Prosecuting Attorney.

          For Defendant-Appellant: Aaron L. Jones, Sr., Pro se Avon-Belden.

          Hon. Cheryl L. Waite, Hon. Gene Donofrio, Hon. Mary DeGenaro, Judges.

          OPINION

          WAITE, J.

         {¶1} Appellant Aaron L. Jones, Sr. appeals a December 13, 2016 Mahoning County Common Pleas Court judgment entry denying his "Pro Se Motion for Relief from Void Sentence VIA ORC 2967328(B) [sic]." Appellant raises several alleged errors, including sufficiency of the evidence, manifest weight of the evidence, a speedy trial violation, consecutive sentencing, contradicting verdicts, refusal of the trial court to provide transcripts, and failure to provide proper postrelease control notification. Only Appellant's postrelease control argument has merit. The remaining aspects of Appellant's appeal are untimely and the judgment of the trial court is affirmed as to those. The matter is remanded solely for the limited purpose of obtaining a nunc pro tunc entry to correct the postrelease control error.

         Factual and Procedural History

         {¶2} On May 25, 2006, Appellant was convicted of one count of aggravated robbery, a felony of the first degree in violation of R.C. 2911.01(A)(1), (C), and one count of aggravated burglary, a felony of the first degree in violation of R.C. 2911.11(A)(1), (B). The trial court sentenced him to an aggregate total of twenty years of incarceration.

         {¶3} Appellant filed a direct appeal where he argued that his convictions were not supported by sufficient evidence and were against the manifest weight of the evidence, the trial court failed to provide curative instructions following defense objections, his speedy trial rights were violated, error occurred in various sentencing issues, and that his counsel provided ineffective assistance. State v. Jones, 7th Dist. No. 06 MA 109, 2008-Ohio-1541 ("Jones I "). We found no merit to Appellant's arguments and affirmed his convictions and sentence. Appellant filed a delayed appeal to the Ohio Supreme Court, which was denied. State v. Jones, 120 Ohio St.3d 1414, 2008-Ohio-6166, 897 N.E.2d 650.

         {¶4} Since Appellant's direct appeal, he has filed several postconviction motions. On January 5, 2007, Appellant filed a "Petition to Vacate or Set Aside Sentence" while his direct appeal was pending. In this motion, he raised sufficiency of the evidence and speedy trial arguments. On March 27, 2008, after Jones I was released, Appellant filed a motion for a new trial. The trial court denied this motion and no appeal was taken.

         {¶5} On July 23, 2008, Appellant filed a postconviction petition to "Set Aside or Vacate Judgment of Conviction or Sentence." In his petition he asserted a speedy trial violation and an ineffective assistance of counsel claim. Two weeks later, Appellant filed an identical petition. The trial court denied the petitions and no appeal was taken.

         {¶6} On February 25, 2009, Appellant filed a "Motion for Acquittal, " arguing that his convictions were not supported by sufficient evidence. The trial court denied the motion and no appeal was taken.

         {¶7} On November 18, 2009, Appellant filed a "Motion for Void Judgment" where he argued that his indictment was defective. On December 28, 2009, Appellant filed a postconviction petition to "Set Aside or Vacate Judgment of Conviction or Sentence." On January 7, 2010, Appellant filed a second postconviction petition to "Set Aside or Vacate Judgment of Conviction or Sentence." The trial court denied all three motions. Appellant appealed this denial in State v. Jones, 7th Dist. No. 10 MA 47, 2011-Ohio-1002 ("Jones II"). We ruled that Appellant's petition was both successive and untimely filed and affirmed the trial court's decision.

         {¶8} On December 5, 2011, Appellant filed a "Motion to Correct Judgment and/or Vacate and Resentence Pursuant to H.B. 86." The trial court denied this motion and we affirmed the trial court in State v. Jones, 7th ...


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