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State v. Franklin

Court of Appeals of Ohio, Seventh District, Mahoning

June 21, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
CRAIG FRANKLIN, Defendant-Appellant.

          Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 05 CR 988

          Atty. Paul J. Gains, Mahoning County Prosecutor and Atty. Ralph M. Rivera, Assistant Prosecuting Attorney for Plaintiff-Appellee

          Craig Franklin, Pro se

          BEFORE: Cheryl L. Waite, Gene Donofrio, Kathleen Bartlett, Judges.

          OPINION AND JUDGMENT ENTRY

          WAITE, J.

         {¶1} Appellant Craig Franklin appeals the judgment of the Mahoning County Common Pleas Court denying his motion to declare the allegedly unlawful sentence for his convictions on felony murder and aggravated robbery void. A review of the matter reveals that Appellant's appeal is untimely and barred by res judicata. The judgment of the trial court is affirmed.

         Factual and Procedural History

         {¶2} This matter stems from the robbery of Atway's Market in Youngstown in 2005. Appellant and an accomplice entered the market followed a few seconds later by three other individuals. All were juveniles. The group announced they were robbing the store. Two of the five juveniles had guns. One of the perpetrators pointed his gun at one store owner's face. Another held the other store owner at gunpoint. A third store owner pushed one of the perpetrators into a candy rack. At that point, the first store owner was able to reach his own gun and fired two shots, the first injuring one of the perpetrators and the second hitting a second, who subsequently died. Two of the robbers eventually confessed to the crime and implicated Appellant as the mastermind.

         {¶3} A jury convicted Appellant of complicity to commit murder and complicity to commit aggravated robbery. Appellant was sentenced to fifteen years to life imprisonment for complicity to commit murder and ten years on complicity to commit aggravated robbery, to be served consecutively.

         {¶4} Appellant filed a timely appeal with this Court in which we affirmed the judgment of the trial court. State v. Franklin, 7th Dist. No. 06-MA-79, 2008-Ohio-2264. On July 10, 2017, Appellant filed a pro se motion to correct his allegedly unlawful and/or void sentence. The trial court denied Appellant's motion, deciding it was filed untimely and failed to satisfy the requirements of R.C. 2953.23(A)(1). Appellant filed this timely appeal.

ASSIGNMENT OF ERROR
THE TRIAL COURT WAS IN EARROR [SIC] WHEN IT DENIED DEFENDANT MOTION FOR VOID AND RESENTENCEING [SIC] UNDER THE 8TH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT.

         {¶5} Appellant contends the trial court erred in denying his motion to correct his unlawful and/or void sentence. We must consider whether Appellant's motion comported with the requirements of a postconviction petition.

         Postconviction ...


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