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State v. Workman

Court of Appeals of Ohio, Third District, Auglaize

December 30, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
TIMOTHY SCOTT WORKMAN, DEFENDANT-APPELLANT.

          Appeal from Auglaize County Common Pleas Court Trial Court No. 2014-CR-75

         Judgment Affirmed

          Timothy Workman Appellant

          Benjamin R. Elder for Appellee

          OPINION

          WILLAMOWSKI, J.

         {¶1} Although originally placed on our accelerated calendar, we have elected pursuant to Loc.R. 12(5) to issue a full opinion in lieu of a summary judgment entry. Defendant-appellant Timothy S. Workman ("Workman") appeals the judgment of the Auglaize County Court of Common Pleas, alleging that the trial court erred in dismissing his petition for post-conviction relief without an evidentiary hearing. For the reasons set forth below, the judgment of the trial court is affirmed.

         Facts and Procedural History

         {¶2} On October 3, 2014, Workman was found guilty of thirty-nine counts of illegal use of a minor in nudity-oriented material in violation of R.C. 2907.323(A)(1), thirty-nine counts of illegal use of a minor in nudity-oriented material in violation of R.C. 2907.323(A)(3), and one count of tampering with evidence in violation of R.C. 2921.12(A)(1). Doc. 202-280. Workman was sentenced to an aggregate forty-year prison term. Doc. 368. He filed his direct appeal on March 9, 2015. Doc. 381. On December 7, 2015, this Court affirmed his conviction. Doc. 424. State v. Workman, 3d Dist. Auglaize No. 2-15-05, 2015-Ohio-5049.

         {¶3} Since his conviction was affirmed by this Court, Workman has filed numerous motions relative to his conviction with the trial court. Workman filed a motion for a Franks hearing on April 8, 2015 and February 16, 2016. Doc. 394, 446. The trial court subsequently denied both of these motions. Doc. 402, 448. He appealed the denial of one of these motions. Doc. 479. This Court then affirmed the decision of the trial court. Doc. 502.

         {¶4} Workman has filed a motion for a new trial on August 12, 2016; December 12, 2016; November 3, 2017; and February 22, 2018. Doc. 512, 533, 577, 599. On March 18, 2018, Workman filed a motion for leave to file a motion for a new trial. Doc. 603. The trial court subsequently denied each of these motions. Doc. 530, 549, 585, 600, 607. Workman then appealed the denial of two of these motions. Doc. 588, 610. In both of these appeals, this Court affirmed the decision of the trial court. Doc. 606, 646.

         {¶5} Workman has also filed a petition for postconviction relief on September 16, 2015; on April 10, 2017; on May 17, 2018; on September 24, 2018; and on June 20, 2019. Doc. 414, 553, 618, 648, 672. The trial court subsequently dismissed or denied each of these petitions. Doc. 441, 558, 627, 653, 681. Workman then appealed the trial court's disposition of each of these petitions. Doc. 463, 561, 630, 657, 684. This Court has, on appeal, affirmed the trial court's decision regarding each of the prior petitions. Doc. 502, 575, 665, 667, State v. Workman, 3d Dist. Auglaize No. 2-19-07, unreported judgment entry (Dec. 16, 2019).

         {¶6} On August 12, 2019, Workman filed a successive petition for postconviction relief that requested an evidentiary hearing. Doc. 690. The trial court dismissed Workman's petition on August 12, 2019, concluding that it lacked jurisdiction to entertain Workman's petition. Doc. 695. The appellant filed his notice of appeal on August 22, 2019. Docket 2: 1. On appeal, Workman raises the following assignments of error:

First Assignment of Error
The trial court abused its discretion when it dismissed Workman's Petition for Post Conviction [Relief], when the record shows that Workman was unavoidably prevented from ...

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