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State v. Dennard

Court of Appeals of Ohio, Ninth District, Lorain

June 28, 2019

STATE OF OHIO Appellee
v.
RAYMOND L. DENNARD Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 13CR087422.

          RAYMOND L. DENNARD, pro se, Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and LINDSEY C. POPROCKI, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          LYNNE S. CALLAHAN, Judge.

         {¶1} Appellant, Raymond Dennard, appeals an order that dismissed his "Petition to Vacate or Set Aside Sentence." This Court affirms.

         I.

         {¶2} 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.

         II.

         ASSIGNMENT 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.

         ASSIGNMENT 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.

         {¶3} Mr. Dennard's assignments of error argue that the trial court erred by denying his post-sentence motion. This Court disagrees.

         {¶4} This Court must first consider the nature of the motion at issue in this ...


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