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State v. Robinson

Court of Appeals of Ohio, Tenth District

March 29, 2018

State of Ohio, Plaintiff-Appellee,
v.
William L. Robinson, Jr., Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 12CR-1868)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Mchael P. Walton, for appellee.

          William Leslie Robinson, Jr., pro se.

          DECISION

          DORRIAN, J.

{¶ 1} Defendant-appellant, William L. Robinson, Jr., appeals, pro se, from a judgment of the Franklin County Court of Common Pleas denying his motion for new trial and modification of verdict/sentence. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} The facts and procedural history of this case are outlined in our decision regarding appellant's direct appeal of his case in State v. Robinson, 10th Dist. No. 13AP-563, 2014-Ohio-520, and will only be repeated here as relevant to our discussion. In Robinson, appellant asserted that: (1) the jury verdicts in the case were not supported by the manifest weight of the evidence, and (2) the trial court erred in imposing consecutive sentences without making the necessary findings mandated by R.C. 2929.14(C)(4). We overruled both assignments of error and affirmed the trial court judgment.

         {¶ 3} Subsequently, appellant filed with this court an application for delayed reopening of the appeal. We denied appellant's application noting that appellate counsel had provided appellant with copies of the appellate briefs in a timely fashion and, therefore, appellant had the opportunity to notify counsel or this court of any additional issues before the case was submitted to a panel of the court for a decision. We also noted appellant was convicted of aggravated burglary and sexual battery based on eye witness testimony supported by DNA evidence, and nothing before us indicated that any of his lawyers rendered ineffective assistance of counsel. State v. Robinson, 10th Dist. No. 13AP-563, 2015-Ohio-3486.

         {¶ 4} On August 22, 2016, appellant filed a petition for postconviction relief. The trial court denied the petition on December 8, 2016, and we affirmed the trial court's denial on May 15, 2017. State v. Robinson, 10th Dist. No. 16AP-887, 2017-Ohio-2773.

         {¶ 5} On August 18, 2017, appellant filed a motion for new trial and modification of verdict and sentence alleging ineffective assistance of counsel. The trial court denied the petition finding it to be not well-taken. Appellant timely appealed.

         II. Assignment of Error

         {¶ 6} Although not expressly articulated, having reviewed his brief it appears appellant asserts a single assignment of error: that the trial court erred in denying his motion for new trial. In support, he makes several arguments including: (1) the verdicts of guilty of sexual battery and aggravated burglary were not supported by sufficient evidence, (2) the judge abused its discretion by not instructing jurors on lesser-included offenses, (3) the judge abused its discretion by admitting certain evidence which was prejudicial to appellant in violation of the Rules of Evidence, (4) the prosecutor engaged in misconduct, [1]and (5) his trial counsel was ineffective in not timely bringing this motion for new trial.

         III. ...


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