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State v. Carter

Court of Appeals of Ohio, Third District, Allen

May 7, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
WILLIAM T. CARTER, DEFENDANT-APPELLANT.

          Appeal from Allen County Common Pleas Court Trial Court No. CR 2009 0186

         APPEARANCES:

          William T. Carter, Appellant

          Jana E. Emerick for Appellee

          OPINION

          ZIMMERMAN, J.

         {¶1} This case, having been placed on the accelerated calendar, is sua sponte being moved to the regular calendar.

         {¶2} Defendant-appellant, William T. Carter ("Carter"), appeals the January 5, 2018 judgment entry of the Allen County Common Pleas Court denying his motion to vacate sentences. Because we find the denial was proper as set forth by the trial court, we affirm the trial court's decision denying appellant's motion.

         Facts and Procedural History

         {¶3} In October, 2009, Carter pled guilty to one count of kidnapping, in violation of R.C. 2905.01(A)(2), a first degree felony; and one count of aggravated robbery, in violation of R.C. 2911.01(A)(3), a first degree felony. (Doc. 25). Both counts carried repeat violent offender specifications pursuant to R.C. 2929.01(C)(C) and R.C. 2941.149. (Id.). Carter was sentenced to ten years on each count plus an additional consecutive ten years (for each count) for the repeat violent offender specifications. The trial court ordered the two counts to run concurrent to each other, for an aggregate 20-year prison term. Carter filed a timely appeal and this Court reversed defendant's sentence (due to the trial court's failure to properly merge the two offenses prior to sentencing) and remanded the case to the trial court for a new sentencing hearing. See State v. Carter, 3d Dist. 1-10-04 (Dec. 27, 2010), unreported.

         {¶4} On April 6, 2011, Carter filed a motion to withdraw his guilty plea in the trial court. (Doc. 52). On June 16, 2011, the trial court held a hearing on Carter's motion and subsequently denied the motion. However, pursuant to our remand order, a new sentencing hearing was also held in the trial court on that date wherein the State elected to proceed with sentencing on Carter's aggravated robbery conviction. The trial court then resentenced Carter to ten years for aggravated robbery and ten years for the repeat violent offender specification affiliated with the aggravated robbery. The trial court ordered the sentences to run consecutively, for an aggregate 20-year sentence.

         {¶5} On July 13, 2011, Carter appealed the trial court's decision denying his motion to withdraw his guilty plea. (Doc. 72). And on November 28, 2011, this Court affirmed the trial court's decision. (Doc. 88). See State v. Carter, 3d Dist. Allen No. 1-11-36, 2011-Ohio-6104. On November 10, 2011, Carter filed a notice of appeal from the trial court's June 21, 2011 judgment entry of resentencing and on December 27, 2011, this Court denied Carter's motion for leave to file this delayed appeal. (Docs. 82 and 96).

         {¶6} Thereafter, on January 13, 2012, Carter filed a petition for postconviction relief (Doc. 93), which was denied by the trial court on January 27, 2012. (Doc. 98). Carter appealed that decision (Doc. 100), and this Court affirmed the trial court's decision. (Doc. 107). See State v. Carter, 3d Dist. 1-12-06, unreported.

          {¶7} On March 21, 2013, Carter filed a second petition for post-conviction relief (Doc. 109), which was denied by the trial court on April 4, 2013. (Doc. 110). On May 2, 2013, Carter appealed that decision (Doc. 112) and this Court affirmed the trial court's decision on October 21, 2013. (Doc. 129). See State v. Carter, 3d Dist. Allen No. 1-13-26, 2013-Ohio-4637.

         {¶8} On June 20, 2013, Carter filed a "motion to vacate void RVO sentence" (Doc. 118), which was denied by the trial court on June 25, 2013. (Doc. 120). Carter appealed that ...


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