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State v. Suttles

Court of Appeals of Ohio, Ninth District, Summit

April 25, 2018

STATE OF OHIO Appellee
v.
JOSEPH SUTTLES Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-1993-06-1323

          JOSEPH SUTTLES, pro se, Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, JUDGE.

         {¶1} Appellant, Joseph Suttles, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} In the 1990s, Suttles was charged with multiple felony offenses. In one case, he pleaded guilty to aggravated assault. In another case, he pleaded guilty to having weapons while under disability. On May 31, 2017, Suttles filed a motion for relief from disability pursuant to R.C. 2923.14. The trial court held a hearing on Suttles' motion. On August 9, 2017, the trial court issued a journal entry denying the motion. In its journal entry, the trial court noted that Suttles' application "failed to encompass [Suttles'] complete criminal history" and ultimately found that granting relief would not be appropriate.

         {¶3} On appeal, Suttles raises two assignments of error.

         II.

         ASSIGNMENT OF ERROR I

         THE DENIAL OF THE PETITIONER/APPELLANT['S] MOTION OF RELIEF FROM DISABILITY PUTS THE STATE IN VIOLATION OF ARTICLE I, SECTION 4, OF THE OHIO CONSTITUTION, AND THE SECOND AMENDMENT OF THE U.S. CONSTITUTION.

         ASSIGNMENT OF ERROR II

         INEFFECTIVE ASSIST[ANCE] OF COUNSEL: THE COURT ERRED IN ITS RULING BASE[D] ON THE COUNSEL['S] FAILURE TO DISCLOSE ALL THE PROPER DOCUMENTATION AND INFORMATION OF DEFENDANT'S] PAST CRIMINAL HISTORY.

         {¶4} In his first assignment of error, Suttles argues that the trial court erred in denying his motion for relief from disability. In his second assignment of error, Suttles contends that counsel rendered ineffective assistance by failing to ...


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