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State v. Darden

Court of Appeals of Ohio, Sixth District, Erie County
Feb 19, 1999
Court of Appeals No. E-98-062, Trial Court No. 89-CR-019 (Ohio Ct. App. Feb. 19, 1999)

Opinion

Court of Appeals No. E-98-062, Trial Court No. 89-CR-019

February 19, 1999

Kevin J. Baxter, prosecuting attorney, and Mary Ann Barylski, for appellant.

Benjamin Darden, pro se.


This is an accelerated appeal from a judgment of the Erie County Court of Common Pleas denying appellant Benjamin Darden's "MOTION TO DISMISS ILLEGAL INDICTMENTS."

Irrespective of appellant's caption, he has presented to the court a petition for postconviction relief, see State v. Reynolds (1997), 79 Ohio St.3d 158, syllabus, which is untimely, see R.C. 2953.21(A), and for which appellant has advanced no cognizable reason for delay. R.C. 2953.23.

Accordingly, the trial court erred only to the extent that it entertained the motion at all.

On consideration where, the judgment of the Erie County Court of Common Pleas is affirmed. Costs to appellant.

JUDGMENT AFFIRMED.

A certified copy of this entry shall constitute the mandate pursuant to App. R. 27. See, also, 6th Dist.Loc.App.R. 4; amended 1/1/98.

Melvin L. Resnick, J. --------------------- JUDGE

James R. Sherck, J. --------------------- JUDGE

Richard W. Knepper, J. CONCUR. --------------------- JUDGE


Summaries of

State v. Darden

Court of Appeals of Ohio, Sixth District, Erie County
Feb 19, 1999
Court of Appeals No. E-98-062, Trial Court No. 89-CR-019 (Ohio Ct. App. Feb. 19, 1999)
Case details for

State v. Darden

Case Details

Full title:State of Ohio, Appellee v. Benjamin Darden, Appellant

Court:Court of Appeals of Ohio, Sixth District, Erie County

Date published: Feb 19, 1999

Citations

Court of Appeals No. E-98-062, Trial Court No. 89-CR-019 (Ohio Ct. App. Feb. 19, 1999)

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