APPEALS from the Franklin County Court of Common Pleas No.
O'Brien, Prosecuting Attorney, and Valerie Swanson, for
Neil, pro se.
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."
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
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
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 ...