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State v. Fryer

Court of Appeals of Ohio, Fifth District, Perry

July 30, 2018

STATE OF OHIO Plaintiff - Appellee
v.
DOUGLAS L. FRYER Defendant-Appellant

          Appeal from the Perry County Court of Common Pleas, Case No. 06-CR- 0060

          For Plaintiff-Appellee JOSEPH A. FLAUTT Perry County Prosecuting Attorney

          For Defendant-Appellant DOUGLAS L. FRYER, pro se

          Hon. Patricia A. Delaney, P.J., Hon. Craig R. Baldwin, J., Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Appellant appeals the decision of the Perry County Court of Common Pleas denying his "Motion to Dismiss Indictment; Vacate Void Judgment and Conviction for Improperly Acquiring Subject Matter Jurisdiction." Appellee is the State of Ohio.

         STATE OF FACTS AND THE CASE

         {¶2} The facts underlying the offense committed in this matter are not necessary for the resolution of this appeal and, therefore, they are not included in this opinion.

         {¶3} Appellant pleaded guilty to fifteen counts of Gross Sexual Imposition and one count of Rape on March 20, 2007.

         {¶4} On April 17, 2007, Appellant was sentenced by the trial court and was found to be a sexual predator, pursuant to an agreement between the State and Appellant. The termination judgment entry was filed by the trial court on April 18, 2007.

         {¶5} The court reviewed the Notice of Registration Duties of Sexually Oriented Offender or Child-Victim Offender. The form was signed by Appellant and filed with the court on April 7, 2007. Appellant did not file a direct appeal.

         {¶6} On March 12, 2014, Appellant filed a Motion to Correct Sentence and requested an evidentiary hearing on his classification as a sex offender. By entry filed June 6, 2014, the court granted the motion in part in accordance with Criminal Rule 32(C) and the Ohio Supreme Court's decisions in State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163 and State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204, 958 N.E.2d 142. However, the trial court denied Appellant's request for an evidentiary hearing. The nunc pro tunc termination entry was filed June 18, 2014.

         {¶7} Appellant appealed the trial court's denial of his request for an evidentiary hearing. State v. Fryer, 5th Dist. Perry No. 14-CA-17, 2015-Ohio-509, 2015 WL 628334. ["Fryer I "]. In Fryer I, appointed counsel filed an appellate brief. Fryer I, ¶ 9. Appointed counsel raised as his sole assignment of error, "I. THE TRIAL COURT ERRED IN REFUSING TO HOLD AN EVIDENTIARY HEARING AS TO APPELLANT'S STATUS AS A SEXUAL PREDATOR." Fryer I, ¶ 7. Appellant filed a pro se brief, which in the interest of justice this Court considered. Fryer I, ¶ 12. Appellant raised as his sole assignment of error, "I. THE TRIAL COURT ERREED [SIC] LIN [SIC] TRYING AND CONVICTING OF CRIMES THAT WERE NOT SPECIFIC TO DISTINGUISH DIFFERENT CRIMES CHARGED DUE TO DUPLICITOUS INDICTMENT." Fryer I, ¶ 13.

         {¶8} This Court overruled counsel's and Appellant's pro se assignments of error and affirmed the June 6, 2014 judgment entry of the Perry ...


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