FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 13CR087422.
RAYMOND L. DENNARD, pro se, Appellant.
P. WILL, Prosecuting Attorney, and LINDSEY C. POPROCKI,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
S. CALLAHAN, Judge.
Appellant, Raymond Dennard, appeals an order that dismissed
his "Petition to Vacate or Set Aside Sentence."
This Court affirms.
In 2015, Mr. Dennard pleaded guilty to two counts of
kidnapping, two counts of rape, two counts of aggravated
burglary, and sexual motivation specifications that
accompanied the kidnapping and aggravated burglary counts.
The trial court sentenced him to prison terms totaling
fourteen years and classified him as a sexual predator under
former R.C. 2950.09. Mr. Dennard appealed, challenging his
classification as a sexual predator. This Court affirmed.
State v. Dennard, 9th Dist. Lorain No. 15CA010743,
2016-Ohio-2760. On August 23, 2017, Mr. Dennard filed a
"Petition to Vacate or Set Aside Sentence," in
which he argued that his guilty plea was not knowing and
voluntary and that the trial court retroactively applied the
Adam Walsh Act, Am.Sub.S.B. No. 10, 2007 Ohio Laws 10. The
trial court denied his motion, and Mr. Dennard filed this
appeal. His two assignments of error are combined for
purposes of disposition.
OF ERROR NO. 1
APPELLANT'S PLEA WAS NOT VOLUNTARILY, KNOWINGLY AND
INTELLIGENTLY [ENTERED], THEREBY, IN VIOLATION OF DUE PROCESS
AND ARTICLE I, SECTION 16 OF THE OHIO CONSTITUTION.
OF ERROR NO. 2
APPELLANT'S SENTENCE IS CONTRARY TO LAW, THEREBY, IN
VIOLATION OF DUE PROCESS UNDER THE FOURTEENTH AMENDMENT TO
THE UNITED STATES CONSTITUTION AND ARTICLE I, SECTION 16 OF
THE OHIO CONSTITUTION.
Mr. Dennard's assignments of error argue that the trial
court erred by denying his post-sentence motion. This Court
This Court must first consider the nature of the motion at
issue in this ...