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State v. Neil

Court of Appeals of Ohio, Tenth District

June 25, 2019

State of Ohio, Plaintiff-Appellee,
v.
Miguel Neil, Defendant-Appellant.

          APPEALS from the Franklin County Court of Common Pleas No. 12CR-5963, 13CR-4174

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Valerie Swanson, for appellee.

         On brief:

          Miguel Neil, pro se.

          DECISION

          BROWN, J.

         {¶ 1} In these consolidated appeals, defendant-appellant, Miguel Neil, appeals from a judgment of the Franklin County Court of Common Pleas denying his requests for post-conviction relief.

         {¶ 2} The following background facts are taken primarily from this court's decision in State v. Neil, 10th Dist. No. 14AP-981, 2016-Ohio-4762, following appellant's appeal of his convictions for 30 counts of robbery and 6 counts of kidnapping in Franklin C.P. Nos. 12CR-5963 and 13CR-4174. The charges against appellant arose out of a "series of robberies that occurred in 2011 and two robberies that occurred in 2012." Id. at ¶ 2. Columbus police arrested appellant on November 15, 2012 "immediately following the final robbery." Id.

         {¶ 3} In case No. 12CR-5963, appellant was indicted on 4 counts of robbery and 6 counts of kidnapping arising out of the 2012 robberies. He also was indicted in case No. 13CR-4174 on 26 counts of robbery and 1 count of kidnapping, arising from 13 separate robberies committed in 2011. Pursuant to a motion filed by plaintiff-appellee, State of Ohio, the trial court joined the indictments for a single trial.

         {¶ 4} The matter came for trial before a jury beginning September 24, 2014. At the close of trial, the trial court dismissed 1 of the counts (Count 6) in case No. 12CR-5963. The jury returned guilty verdicts as to the remaining counts in case No. 12CR-5963 (i.e., 4 counts of robbery and 5 counts of kidnapping), and the jury also returned verdicts finding appellant guilty of 26 counts of robbery and 1 count of kidnapping in case No. 13CR-4174. On October 31, 2014, the trial court issued judgment entries in both cases, finding that "certain charges merged for purposes of sentencing and that certain portions of the sentence were to be served consecutively with each other, for a total sentence of 42 years imprisonment." Id. at ¶ 26.

         {¶ 5} On November 25, 2014, appellant filed a notice of appeal in case No. 12CR-5963. On June 17, 2015, appellant filed a motion for leave to file a delayed appeal in case No. 13CR-4174. By entry filed June 25, 2015, this court granted the motion for leave to appeal. In Neil, this court affirmed the convictions in case Nos. 12CR-5963 and 13CR-4174.

         {¶ 6} On February 3, 2016, appellant filed a pro se petition for post-conviction relief under case No. 12CR-5963. On March 15, 2016, the state filed an answer and motion to dismiss the petition.

         {¶ 7} On October 31, 2016, the trial court denied appellant's request for postconviction relief and granted the state's motion to dismiss. The trial court, which treated appellant's petition for post-conviction relief as having been filed under both case Nos. 12CR-5963 and 13CR-4174, found the petition untimely, and further found appellant failed to invoke an applicable exception under R.C. 2953.23(A) in order for the court to entertain an untimely petition. The trial court alternatively determined, even if the petition had been timely filed, appellant failed to show good cause to grant the petition.

         {¶ 8} On appeal, appellant, pro se, sets forth the following four assignments of ...


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