from the Perry County Court of Common Pleas, Case No. 06-CR-
Plaintiff-Appellee JOSEPH A. FLAUTT Perry County Prosecuting
Defendant-Appellant DOUGLAS L. FRYER, pro se
Patricia A. Delaney, P.J., Hon. Craig R. Baldwin, J., Hon.
Earle E. Wise, J.
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
OF FACTS AND THE CASE
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.
Appellant pleaded guilty to fifteen counts of Gross Sexual
Imposition and one count of Rape on March 20, 2007.
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,
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.
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.
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.
This Court overruled counsel's and Appellant's pro se
assignments of error and affirmed the June 6, 2014 judgment
entry of the Perry ...