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State v. Jones

Court of Appeals of Ohio, Seventh District, Mahoning

June 10, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
AARON JONES, Defendant-Appellant.

          Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 06 CR 95

          Atty. Paul J. Gains, Mahoning County Prosecutor, and Atty. Ralph M. Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee and

          Aaron Jones, Pro Se, # A511-342, 2500 S, Avon-Belden Road, Grafton, Ohio 44044, Defendant-Appellant.

          BEFORE: David A. D'Apolito, Cheryl L. Waite, Carol Ann Robb, Judges.

          OPINION AND JUDGMENT ENTRY

          D'APOLITO, J.

         {¶1} Pro se Appellant, Aaron Jones, appeals from the July 3, 2018 nunc pro tunc judgment of the Mahoning County Court of Common Pleas, pursuant to this court's remand in State v. Jones, 7th Dist. Mahoning No. 16 MA 0192, 2017-Ohio-9376, correcting Appellant's 20-year sentence for aggravated robbery and aggravated burglary following a jury trial to include the statutorily mandated five-year period of postrelease control and notifying him of the consequences should he violate postrelease control. For the reasons stated, we affirm.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On May 25, 2006, Appellant was convicted on two counts: aggravated robbery, a felony of the first degree, in violation of R.C. 2911.01(A)(1) and (C); and aggravated burglary, a felony of the first degree, in violation of R.C. 2911.11(A)(1) and (B). On July 20, 2006, the trial court sentenced Appellant to an aggregate total of 20 years in prison.[1]

         {¶3} Appellant filed a direct appeal with this court in which he argued that his convictions were not supported by sufficient evidence and were against the manifest weight of the evidence, the trial court failed to provide curative instructions following defense objections, his speedy trial rights were violated, error occurred in various sentencing issues, and that his counsel provided ineffective assistance. State v. Jones, 7th Dist. Mahoning No. 06 MA 109, 2008-Ohio-1541 ("Jones I "). We found no merit to Appellant's arguments and affirmed his conviction and sentence. Appellant filed a delayed appeal to the Supreme Court of Ohio, which was denied. State v. Jones, 120 Ohio St.3d 1414, 2008-Ohio-6166.

         {¶4} Following Appellant's direct appeal, he has filed numerous postconviction motions. On January 5, 2007, Appellant filed a "Petition to Vacate or Set Aside Sentence" while his direct appeal was pending. In that motion, he raised sufficiency of the evidence and speedy trial arguments. On March 27, 2008, after Jones I was released, Appellant filed a motion for a new trial. The trial court denied that motion. No appeal was taken.

         {¶5} On July 23, 2008, Appellant filed a postconviction petition to "Set Aside or Vacate Judgment of Conviction or Sentence." In his petition, appellant asserted a speedy trial violation and an ineffective assistance of counsel claim. Two weeks later, Appellant filed an identical petition. The trial court denied both petitions. No appeal was taken.

         {¶6} On February 25, 2009, Appellant filed a "Motion for Acquittal" arguing that his convictions were not supported by sufficient evidence. The trial court denied that motion. No appeal was taken.

         {¶7} On November 18, 2009, Appellant filed a "Motion for Void Judgment" in which he argued that his indictment was defective. On December 28, 2009, Appellant filed a postconviction petition to "Set Aside or Vacate Judgment of Conviction or Sentence." On January 7, 2010, Appellant filed a second postconviction petition to "Set Aside or Vacate Judgment of Conviction or Sentence." The trial court denied all three motions. Appellant appealed the denial in State v. Jones, 7th Dist. Mahoning No. 10 MA 47, 2011-Ohio-1002 ("Jones II"). This court ruled that Appellant's petition was both successive and untimely filed and affirmed the trial court's decision.

         {¶8} On December 5, 2011, Appellant filed a "Motion to Correct Judgment and/or Vacate and Resentence Pursuant to H.B. 86." The trial court denied that motion. Appellant appealed and this court affirmed in State v. Jones, 7th Dist. ...


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