Opinion
CASE NO. 2019-A-0067
05-18-2020
STATE OF OHIO, Plaintiff-Appellee, v. ROBERT R. DAVIES, Defendant-Appellant.
Cecilia M. Cooper, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, 25 West Jefferson Street, Jefferson, Ohio 44047 (For Plaintiff-Appellee). Robert Davies, pro se, 7455 Harmon Road, Conneaut, Ohio 44030. (Defendant-Appellant).
OPINION
Civil Appeal from the Ashtabula County Court, Western District, Case No. 2017 MI 00025 W. Judgment: Affirmed. Cecilia M. Cooper, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, 25 West Jefferson Street, Jefferson, Ohio 44047 (For Plaintiff-Appellee). Robert Davies, pro se, 7455 Harmon Road, Conneaut, Ohio 44030. (Defendant-Appellant). THOMAS R. WRIGHT, J.
{¶1} Appellant, Robert R. Davies, was convicted of a misdemeanor in April 2000. Twelve years later, due to a flawed complaint, his conviction was vacated and the case was dismissed. Appellant therefore moved for reimbursement of fines and costs which was overruled. Appellant did not appeal.
{¶2} Thereafter, appellant moved the trial court to vacate its order overruling his motion for reimbursement. That motion was overruled and appellant appeals assigning the following as error:
{¶3} "The trial court erred in denying appellant's motion to vacate the judgment denying return of fines and court costs."
{¶4} Appellant could have appealed the trial court's order denying his motion for reimbursement, but did not. Res judicata bars litigating in any proceeding, except a direct appeal, any defense or claimed lack of due process that could have been raised on direct appeal. State v. Hall, 11th Dist. Trumbull No. 2008-T-0051, 2009-Ohio-6379, ¶ 33, quoting State v. Szefcyk, 77 Ohio St.3d 93, 671 N.E.2d 233 (1996), syllabus. Stated otherwise, a motion to vacate may not be used as a substitute for appeal. State v. Weese, 9th Dist. Medina Nos. 2742-M and 2760-M, 1998 WL 239977 (May 13, 1998). Moreover, reimbursement of fines and costs after reversal and dismissal is a due process issue. Nelson v. Colorado,137 S.Ct. 1249, 197 L.Ed.2d 611 (2017).
{¶5} Because appellant's motion to vacate is barred by res judicata, his assignment of error lacks merit. The trial court's judgment is affirmed. MATT LYNCH, J., MARY JANE TRAPP, J., concur.