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State v. Davis

Court of Appeals of Ohio, Tenth District

December 3, 2019

State of Ohio, Plaintiff-Appellee,
v.
James A. Davis, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 96CR-5194)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for appellee.

          James A. Davis, pro se.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Defendant-appellant, James A. Davis, pro se, appeals from a decision and entry of the Franklin County Court of Common Pleas denying his motion to vacate a void sentence. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} In 1996, plaintiff-appellee, State of Ohio, charged Davis, under two separate indictments, with multiple counts of rape, kidnapping, and felonious assault related to six separate victims. A jury found Davis guilty of all charges, and Davis was classified as a sexual predator and sentenced. This court affirmed Davis' convictions on appeal. State v. Davis, 10th Dist. No. 97APA08-1020 (May 19, 1998). Davis then filed an application for delayed reopening of his appeal, which this court denied in 2001. Additionally, Davis filed a second application for reopening delayed appeal, which this court again denied. State v. Davis, 10th Dist. No. 97APA08-1020 (Dec. 14, 2004) (memorandum decision).

         {¶ 3} On March 7, 2006, Davis filed a petition for postconviction relief challenging the imposition of non-minimum and consecutive sentences. The trial court denied Davis' postconviction petition, finding his petition was untimely and res judicata operated to bar his claims. This court affirmed the trial court's denial of Davis' petition for postconviction relief. State v. Davis, Dist. No. 06AP-480, 2006-Ohio-6643.

         {¶ 4} Several years later, on June 6, 2013, Davis filed a motion to vacate the judgment of his conviction, arguing the trial court lacked subject-matter jurisdiction over his case. The trial court denied Davis' motion to vacate in a June 19, 2013 entry. Davis did not appeal that ruling.

         {¶ 5} Several more years later, on June 1, 2017, Davis filed a motion to arrest judgment, arguing the trial court lacked subject-matter jurisdiction to convict him. The trial court denied Davis' motion to arrest judgment in a June 15, 2017 decision and entry. Again, Davis did not appeal that ruling, though he did file subsequent pleadings objecting to the trial court's decision. The trial court filed a November 1, 2017 entry addressing Davis' subsequent pleadings, issuing him copies of the indictments in his case and denying his objections to the court's June 15, 2017 decision and entry. Davis did not appeal.

         {¶ 6} Subsequently, on April 22, 2019, Davis filed a motion to vacate his sentence. In his motion to vacate, Davis argued his sentence is void because the verdict forms did not conform with R.C. 2945.75(A)(2) and that his sentence was contrary to law. The state filed a memorandum contra arguing Davis' motion is both untimely and barred by res judicata. In a June 4, 2019 decision and entry, the trial court denied Davis' motion to vacate. Davis timely appeals.

         II. Assignments of Error

         {¶ 7} Davis assigns the following ...


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