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State v. Haddix

Court of Appeals of Ohio, Fifth District, Stark

December 21, 2017

STATE OF OHIO Plaintiff-Appellee
v.
DOUGLAS HADDIX Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 1995CR0111

          For Plaintiff-Appellee: JOHN D. FERRERO, JR. STARK CO. PROSECUTOR RONALD MARK CALDWELL

          For Defendant-Appellant: DOUGLAS HADDIX, PRO SE

          Hon. Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Delaney, P.J.

         {¶1} Appellant Douglas Haddix appeals from the August 16, 2017 Judgment Entry of the Stark County Court of Common Pleas overruling his "Motion for Relief from the Judgment." Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} A statement of the facts underlying appellant's criminal convictions is not necessary to our resolution of this appeal. This case has a lengthy procedural history.

         {¶3} On February 2, 1995, appellant was charged by indictment with three counts of rape in violation of R.C. 2907.02, one count of felonious assault in violation of R.C. 2907.12, one count of gross sexual imposition in violation of R.C. 2907.05, and one count of endangering children in violation of R.C. 2919.22. The victim of these offenses was a minor under the age of thirteen.

         {¶4} A jury trial commenced on April 25, 1995. At the conclusion of appellee's case-in-chief, the trial court dismissed the endangering count. The jury found appellant guilty as charged save for one of the rape counts. By judgment entry filed May 30, 1995, the trial court sentenced appellant to an aggregate indeterminate term of seventeen to fifty years in prison.

         {¶5} Appellant appealed and this Court affirmed his convictions and sentences. State v. Haddix, 5th Dist. Stark No. 95-CA-0175, 1996 WL 363510 (June 3, 1996), delayed appeal not allowed, 85 Ohio St.3d 1478, 85 N.E.2d 850 (1999). For a complete history of ensuing appeals, see State v. Haddix, 5th Dist. Stark No.1998-CA-0096, 1998 WL 753263 (September 28, 1998), appeal not allowed, 84 Ohio St.3d 1471, 704 N.E.2d 579 (1999); State v. Haddix, 5th Dist. Stark No.1999-CA-00227, 1999 WL 107980 (November 15, 1999), appeal not allowed, 88 Ohio St.3d 1434, 724 N.E.3d 810 (2000); State v. Haddix, 5th Dist. Stark No. 2011 CA00276, 2012-Ohio-4259, appeal not allowed, 134 Ohio St.3d 1422, 2013-Ohio-158, 981 N.E.2d 886; State v. Haddix, 5th Dist. Stark No. 2012-CA-00218, 2013-Ohio-1974, appeal not allowed, 136 Ohio St.3d 1492, 2013-Ohio-4140, 994 N.E.2d 463.

         {¶6} On August 10, 2017, appellant filed a "Motion for Relief from the Judgment, " arguing that his conviction upon "the second count" is void because he "does not come within the definition of 'whoever' in section 1.02(A) of the Revised Code." The trial court overruled the motion on August 11, 2017.

         {¶7} Appellant now appeals from the trial court's Judgment ...


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