State v. Reyes
55 N.E.3d 485
Ohio Ct. App.2015Background
- In June 2010, Reyes pleaded guilty to four counts of rape and one count of violating a protective order and received 30 years' prison time with Tier III designation.
- At sentencing, the court failed to inform Reyes of the right to appeal, and the final judgment contained no such notification.
- Reyes did not timely appeal; about 30 months later he sought a delayed appeal and the appellate court denied relief in 2013 (State v. Reyes, 2013-Ohio-1493).
- Approximately twenty months after that decision, Reyes filed a petition to vacate under R.C. 2953.21 alleging due process violation for the lack of appellate notice.
- The trial court denied the petition within four days, and Reyes challenged on appeal that Gover required reissuing judgment to restart the appeal period.
- The court held the petition was untimely under R.C. 2953.21(A)(2) (180-day filing window) and denied relief without a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition to vacate was timely filed | Reyes asserts due-process error necessitates relief and reinstate appeal period. | State argues untimely petition under 2953.21(A)(2) and no due-diligence shown. | Petition time-barred; no hearing. Denial affirmed. |
Key Cases Cited
- State v. Gover, 71 Ohio St.3d 577 (1995) (trial court error in notifying right to appeal requires postconviction relief; reentry of judgment advised)
- State v. Miller, 44 Ohio App.3d 42 (1988) (reentry of judgment to restore time to file direct appeal)
