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State v. Lowe

Court of Appeals of Ohio, Fifth District, Fairfield

December 12, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DENNIS RAY LOWE Defendant-Appellant

          Appeal from the Fairfield County Court of Common Pleas, Case No. 2018CR536

         JUDGMENT: AFFIRMED

          For Plaintiff-Appellee: KENNETH W. OSWALT

          For Defendant-Appellant: DENNIS RAY LOWE, PRO SE

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

          OPINION

          Delaney, J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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 follows:

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.

         {¶3} 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].

         {¶4} 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.

         {¶5} Appellant did not directly appeal from his convictions and sentence in the instant case.

         {¶6} 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)."[1] 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."[2]

         {¶7} 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.

         {¶8} 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 ...


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