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State v. Archey

Court of Appeals of Ohio, Ninth District, Summit

June 12, 2019

STATE OF OHIO Appellee
v.
DARNELL E. ARCHEY Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2007-09-3199

          DARNELL E. ARCHEY, pro se, Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          CARR, JUDGE.

         {¶1} Appellant, Darnell Archey, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} In 2008, Archey pleaded guilty to one count of kidnapping, two counts of rape, and one count of breaking and entering. The trial court found him guilty and imposed an aggregate 20-year prison sentence on those charges. The trial court further ordered that his sentence in this matter was to be served consecutive to a two-year prison sentence imposed in a separate criminal case. Though Archey did not file a direct appeal, he has unsuccessfully challenged his convictions by filing a number of motions in the trial court, including a motion to withdraw his plea and multiple petitions for post-conviction relief.

         {¶3} On October 19, 2018, Archey filed a third petition for post-conviction relief pursuant to R.C. 2953.21. Archey raised a number of arguments in support of his petition, including that he was prejudiced when trial counsel failed to move for the merger of certain offenses, that the trial court deviated from appropriate sentencing procedures, and that the indictment was invalid. The State filed a memorandum in opposition to the petition arguing that the trial court was barred from considering a successive petition for post-conviction relief, and, even if the trial court could consider the petition, all of the claims raised therein were barred under the doctrine of res judicata. The trial court issued an order denying the petition on November 14, 2018. Archey promptly filed a motion requesting that the trial court reconsider the matter. The trial court denied the motion for reconsideration. {¶4} On appeal, Archey raises two assignments of error.

         II.

         ASSIGNMENT OF ERROR I

         TRIAL COUNSEL WAS INEFFECTIVE AND TRIAL COURT [ERRED] FOR FAILING TO MOTION AND/OR MERGE COUNTS PURSUANT TO R.C. []2941.25.

         ASSIGNMENT OF ERROR II

         THE TRIAL COURT COMMITTED ERROR WHEN IT SENTENCED APPELLANT ON CARBON COPY CHARGES[]

         {¶5} In his first assignment of error, Archey contends that trial counsel rendered ineffective assistance by failing to raise an allied offenses challenge at the time he was sentenced. In his second assignment of error, Archey contends that the indictment ...


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