Court of Appeals of Ohio, Fifth District, Muskingum
from the Court of Common Pleas, Case No. CR2017-0116
Plaintiff-Appellee TAYLOR P. BENNINGTON.
Defendant-Appellant MICHAEL BRANDON, PRO SE.
Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon.
Earle E. Wise, Jr., J.
1} Defendant-Appellant, Michael D. Brandon, appeals
the November 9, 2018 journal entry of the Court of Common
Pleas of Muskingum County, Ohio, denying his motion to vacate
void judgment. Plaintiff-Appellee is state of Ohio.
AND PROCEDURAL HISTORY
2} On March 22, 2017, the Muskingum County Grand
Jury indicted appellant on three counts of trafficking in
drugs in violation of R.C. 2925.03, one count of possessing
drugs in violation of R.C. 2925.11, one count of possessing
drug paraphernalia in violation of R.C. 2925.14, one count of
illegal manufacture of drugs in violation of R.C. 2925.04,
and one count of engaging in a pattern of corrupt activity in
violation of R.C. 2923.32.
3} On June 2, 2017, appellant pled guilty to all
charges except the illegal manufacture of drugs count which
was dismissed. By entry filed July 20, 2017, the trial court
sentenced appellant to an aggregate term of six years in
4} Appellant did not file an appeal.
5} On November 1, 2018, appellant filed a motion to
vacate void judgment, challenging the subject matter
jurisdiction of the trial court because the indictment failed
to properly charge the offenses of trafficking in drugs and
engaging in a pattern of corrupt activity. By journal entry
filed November 9, 2018, the trial court denied the motion.
6} Appellant filed an appeal and this matter is now
before this court for consideration. Assignments of error are
7} "CONVICTIONS FOR TRAFFICKING IN DRUGS ARE
VOID FOR FAILURE TO CHARGE OFFENSES OF THE ...