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State v. Williams

Court of Appeals of Ohio, Fifth District, Richland

January 13, 2020

STATE OF OHIO Plaintiff-Appellee
v.
DELBERT L. WILLIAMS Defendant-Appellant

          CHARACTER OF PROCEEDING: Criminal appeal from the Richland County Court of Common Pleas, Case No. 2012CR319N

          For Plaintiff-Appellee JOSEPH C. SNYDER Assistant Prosecuting Attorney

          For Defendant-Appellant DELBERT L. WILLIAMS Pro Se Southern Ohio Correctional Facility

          Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

          OPINION

          Gwin, P.J.

         {¶1} Defendant-appellant Delbert L. Williams ["Williams"] appeals from the July 29, 2019 and the August 9, 2019 Judgment Entries of the Richland County Court of Common Pleas overruling his motions for a payment plan and for resentencing.

         Facts and Procedural History

         {¶2} In May 2012, Williams was indicted on four counts. Count One and Count Two charged Williams with Murder under R. C. 2903.02, subsections (A) and (B). Count Three and Four charged Williams with Tampering with Evidence and Possession of Criminal Tools. On December 13, 2012, a jury found Williams not guilty of Murder under subsection (A) but guilty of Murder under subsection (B), as well as guilty on the remaining charges. He was then sentenced to a combined three years on Counts Three and Four and fifteen years to life on Count Two, to be served consecutively. In his direct appeal, this Court denied his assignments of error. State v. Williams, 5th Dist. Richland No 13CA2, 2014-Ohio-868.

         {¶3} On February 11, 2013, Williams filed a motion requesting a payment plan be set up for his court costs. That motion was overruled on March 27, 2013. On November 17, 2016, Williams filed a motion to suspend his court costs and restitution payments until he was released from prison. On November 23, 2016, that motion was denied. On July 3, 2019, Williams filed a Motion for Resentencing. On July 22, 2019, Williams again filed a motion for a payment plan for his court costs and restitution. On July 29, 2019, the motion for a payment plan was overruled. On August 9, 2019, Williams' Motion for Resentencing was overruled.

         Assignment of Error

         {¶4} Williams raises three Assignments of Error, {¶5} "I. THE TRIAL COURT ERRED IN NOT IMPOSING POST RELEASE CONTROL ON ANY FELONY APPELLANT WAS FOUND GUILTY OF AT SENTENCING, R.C. 2967.28 (B) AND (C).

         {¶6} "II. THE TRIAL COURT ERRED BY NOT ACKNOWLEDGING THE MANDATORY TERM IMPOSED TO THE APPELLANT, R.C. 2929.14 (B) (4); R.C. 2929.19 (B)(2)(A) AND (B).

         {¶7} "III. THE TRIAL COURT ERRED IN REFUSING TO RECONSIDER A MONTHLY PAYMENT PLAN WITHOUT HOLDING A HEARING TO DETERMINE APPELLANT INDIGENCE STATUS."

         Pro ...


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