Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Court of Common Pleas, Case No.
Plaintiff-Appellee: KENNETH W. OSWALT
Defendant-Appellant: DENNIS RAY LOWE, PRO SE
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Patricia A. Delaney, J.
Appellant Dennis Ray Lowe appeals from the July 8, 2019 Entry
Regarding Defendant's Motion for Relief from Judgment and
Motion to Dismiss of the Fairfield County Court of Common
Pleas dated July 8, 2019. Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
This case arose on or around July 2, 2017, while appellant
was incarcerated at the Southeastern Correctional Institution
(S.C.I.) upon a Summit County conviction for aggravated
murder. In appellee's bond recommendation of August 15,
2017, appellee summarized the facts of the instant case as
Defendant fashioned an 8-inch shiv made of razor wire from
the prison fence. He implies that this stabbing was payback
for victim's stealing some of his clothing and/or
belongings and blows off the seriousness of the act. Victim
required internal surgery to check vital organs for puncture
wounds and has a scar from sternum to navel because of the
surgery. Defendant is highly dangerous and has no constraint
in using deadly force.
Appellant was charged by indictment with one count of
felonious assault pursuant to R.C. 203.11(A)(2) and R.C.
2903.11(D)(1)(a), a felony of the second degree [Count I] and
one count of possession of a deadly weapon while under
detention pursuant to R.C. 2923.131(B) and R.C.
2923.131(C)(2)(a), a felony of the first degree [Count II].
On February 13, 2018, appellant appeared before the trial
court and changed his previously-entered pleas of not guilty
to ones of guilty. The trial court accepted appellant's
guilty pleas, found him guilty as charged, and sentenced him
to an aggregate prison term of five years. The instant
sentence was ordered to be served consecutively to the
sentence appellant was already serving in Summit County case
number 2002 CR 09-2684.
Appellant did not directly appeal from his convictions and
sentence in the instant case.
Instead, on December 5, 2018, appellant filed a pro se
"Motion for Relief from the Judgment (4) Judgment
Void" (sic). In the motion, appellant asserted
that the Judgment Entry of Sentence dated February 28, 2018
was void because it was not signed by the judge and was
instead "signed by the prosecutor or bailiff and because
of that it does not meet the requirements of R.C. 2505.02(3)
[sic] the signature of the judge or Crim.R.
32(C)." Additionally, appellant argued the
sentence was void "[b]ecause the 20 to life that
defendant is serving under CR 02-09-2684 is not listed in the
judgment entry of sentence."
On February 11, 2019, a Notice was filed stating
appellant's motion for relief from judgment was scheduled
for non-oral hearing on February 21, 2019.
On February 14, 2019, appellant filed a pro se "Motion
to Dismiss," arguing the entire case should be dismissed
because appellee did not respond in ...