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State v. Darby

Court of Appeals of Ohio, Fifth District, Richland

June 3, 2019

STATE OF OHIO Plaintiff-Appellee
v.
ARTHUR L. DARBY Defendant-Appellant

          CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common Pleas, Case No. 1992 CR 0455

          For Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY JOSEPH C. SNYDER ASSISTANT PROSECUTOR

          For Defendant-Appellant ARTHUR L. DARBY PRO SE

          JUDGES: Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, JOHN, P. J.

         {¶1} Appellant Arthur L. Darby appeals the January 17, 2019, decision of the Richland County Court of Common Pleas denying his Petition to Vacate or Set Aside Judgment of Conviction or Sentence.

         {¶2} Appellee is State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶3} The relevant facts and procedural history are as follows:

         {¶4} On April 29, 1992, Appellant Arthur Darby was charged in Case No. 92-CR-455H with five (5) counts of aggravated trafficking of a Scheduled II controlled substance, in violation of R.C. §2925.03(A)(1). Appellant had been previously convicted of a felony drug abuse offense in Case No. 88-CR-248, therefore his violations of R.C. §2925.03(A)(1) were felonies of the second degree.

         {¶5} Appellant pled guilty to the charges.

         {¶6} On May 7, 1993, the trial court sentenced Appellant to serve five to fifteen (15) years in prison on count one and to serve three (3) to fifteen (15) years in prison on counts two through five. The prison term for count one was to be served consecutively to the prison terms for counts two through five, for a total sentence of eight (8) to fifteen (15) years.

         {¶7} Appellant did not appeal his sentence.

         {¶8} On July 8, 1994, the trial court considered a motion filed by Appellant for suspension of his sentence pursuant to R.C. ยง2947.061. The trial court granted the motion and Appellant's sentence was suspended. The trial court placed Appellant on shock probation for five (5) years. ...


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