from the Perry County Court of Common Pleas, Case No.
Plaintiff-Appellee: JOSEPH A. FLAUTT PERRY CO. PROSECUTOR
Defendant-Appellant:JOSHUA I. PORTER, PRO SE
John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E.
Wise, Jr., Judges.
Appellant Joshua I. Porter appeals from a Judgment Entry of
the Perry County Court of Common Pleas dated October 5, 2018.
Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
A statement of the facts underlying appellant's criminal
convictions is not necessary to our resolution of this
In September 2016, appellant was charged by indictment with
one count of kidnapping pursuant to R.C. 2905.01(A)(3), a
felony of the first degree [Count I]; two counts of abduction
pursuant to R.C. 2905.02, both felonies of the third degree
[Counts II and III]; and two counts of felonious assault
pursuant to R.C. 2903.11, both felonies of the second degree
[Counts IV and V].
Appellant entered pleas of not guilty and the matter
proceeded to trial by jury. At the opening of the second day
of trial, however, appellant indicated his willingness to
change his pleas of not guilty to ones of guilty to Counts I
and III; appellee agreed to dismiss Counts II and IV, and
Count V had already been dismissed. The trial court explained
to appellant the rights he waived by changing his pleas to
guilty. Appellant thereupon entered pleas of guilty to one
count of kidnapping and one count of abduction. The trial
court accepted the guilty pleas, ordered a pre-sentence
investigation, and scheduled the matter for sentencing on
March 29, 2017.
At sentencing, the trial court imposed an aggregate prison
term of 11 years.
A faxed notice of appeal was filed in 5th District Perry No.
17-CA-00003, but the matter was dismissed.
Appellant directly appealed from his convictions and sentence
in 5th District Perry No. 17 CA 4. Via an Anders
brief, appellant argued the trial court erred in imposing
consecutive sentences. We disagreed, overruled the assignment
of error, and affirmed. Id.
On May 25, 2018, appellant filed a "Motion for
Modification of Sentence Pursuant to O.R.C. Section
2929.41(A)" in which he argued the offenses of
kidnapping and abduction are allied offenses of similar
import which should have merged for purposes of sentencing.
The trial court denied the motion via judgment entry dated
June 1, 2018, noting the offenses of kidnapping and abduction
involved two different victims and two different time
On July 19, 2018, appellant filed a "Motion for Post
Conviction Relief Pursuant to R.C. 2953.21" in which he
argued trial counsel was ineffective in: 1) "failure to
get the plea bargain that was tendered and to which he agreed
in writing;" 2) failure to interview witnesses that
would have testified on appellant's behalf at trial; and
failure to investigate alleged false statements by
appellee's witnesses. Appellant filed a motion to
supplement his P.C.R. petition with the ...