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State v. Brandon

Court of Appeals of Ohio, Fifth District, Muskingum

July 5, 2019

STATE OF OHIO Plaintiff-Appellee
v.
MICHAEL BRANDON Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. CR2017-0116

          For Plaintiff-Appellee TAYLOR P. BENNINGTON.

          For Defendant-Appellant MICHAEL BRANDON, PRO SE.

          Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, 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.

         FACTS 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 prison.

         {¶ 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 as follows:

         I

         {¶ 7} "CONVICTIONS FOR TRAFFICKING IN DRUGS ARE VOID FOR FAILURE TO CHARGE OFFENSES OF THE ...


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