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State v. Craig

Court of Appeals of Ohio, Fourth District, Athens

March 29, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
FREDERICK JOSEPH CRAIG, JR., Defendant-Appellant.

          Frederick J. Craig, Jr., Caldwell, Ohio, Pro Se Appellant.

          Keller J. Blackburn, Athens County Prosecutor, and Merry M. Saunders, Assistant Athens County Prosecutor, Athens, Ohio, for Appellee.

          DECISION AND JUDGMENT ENTRY

          Matthew W. McFarland, J.

         {¶1} Frederick Joseph Craig, Jr., appeals the July 31, 2017 Judgment Entry by which he was resentenced to a consecutive prison term, an aggregate total of 16 years in the state penal system. Appellant contends that he, a first-time felon, was denied his Sixth Amendment right to the effective assistance of counsel throughout the trial court and appellate proceedings. Having reviewed Appellant's assignments of error, the record, and the pertinent case law, we find his arguments are barred by application of the doctrine of res judicata. As such, we overrule his assignments of error and affirm the judgment of the trial court.

         FACTS

         {¶2} Following a domestic incident which occurred in March 2015 at the home of Appellant's ex-spouse, Julie Nott, Appellant was indicted by the Athens County Grand Jury as follows:

Count 1, attempted murder, R.C. 2923.02/2903.02(A), a felony of the first degree;
Count 2, attempted murder, R.C. 2923.02/2903.02(B), a felony of the first degree;
Count 3, felonious assault, R.C. 2903.11(A)(1), a felony of the second degree;
Count 4, felonious assault, RC.2903.11(A)(2), a felony of the second degree;
Count 5, aggravated robbery, R.C. 2911.01(A)(1), a felony of the first degree;
Count 6, aggravated robbery, R.C. 2911.01(A)(3), a felony of the first degree;
Count 7, aggravated burglary, R.C. 2911.11(A)(2), a felony of the first degree;
Count 8, aggravated burglary, R.C. 2911.11(A)(1), a felony of the first degree;
Count 9, tampering with evidence, R.C. 2921.12(A)(1), a felony of the third degree; and,
Count 10, domestic violence, R.C. 2919.25(A), a misdemeanor of the first degree.

          {¶3} The altercation between Appellant and his ex-spouse involved the use of a knife as a weapon. Ms. Nott sustained serious injuries to her stomach, chest, side, and thumb. A complete recitation of the underlying facts and circumstances surrounding the incident is set forth in paragraphs 2-7 of our decision ...


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