Court of Appeals of Ohio, Fifth District, Richland
CHARACTER OF PROCEEDING: Criminal Appeal from the Court of
Common Pleas, Case No. 1992 CR 0455
Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY JOSEPH C.
SNYDER ASSISTANT PROSECUTOR
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.
JOHN, P. J.
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
Appellee is State of Ohio.
OF THE FACTS AND CASE
The relevant facts and procedural history are as follows:
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.
Appellant pled guilty to the charges.
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)
Appellant did not appeal his sentence.
On July 8, 1994, the trial court considered a motion filed by
Appellant for suspension of his sentence pursuant to R.C.
§2947.061. The trial court granted the motion and
Appellant's sentence was suspended. The trial court
placed Appellant on shock probation for five (5) years.