State v. EdwardsState v. Edwards
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Julia R. Bates, Lucas County Prosecuting Attorney, and Mark T. Herr, Assistant Prosecuting Attorney, for appellee.
Tyrone Edwards, pro se.
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SINGER, J.
{¶ 1} Appellant, Tyrone Edwards, appeals the judgment of the Lucas County Court of Common Pleas, dismissing his petition for postconviction relief. Pursuant to
{¶ 2} On August 28, 1998, appellant and an accomplice were arrested while in possession of more than 100 grams of crack cocaine and in excess of 25 grams of powder
{¶ 3} When the trial court overruled appellant‘s motion to suppress, the matter proceeded to a trial before a jury. At trial, police testified to the circumstances of appellant‘s arrest. A police drug analyst testified to the composition and quantity of the drugs seized from appellant.
{¶ 4} Appellant was convicted as charged. The trial court sentenced him to a ten year term of incarceration on the first count and a concurrent four year term on the second count.
{¶ 5} Appellant appealed his conviction, citing trial court error in denying his motion to suppress. We found appellant‘s sole issue on appeal not well-taken and affirmed his conviction. State v. Edwards, 6th Dist. No. L-00-1149, 2002-Ohio-5502, ¶ 11.
{¶ 6} On October 16, 2009, appellant filed a “Motion for an Evidentiary Hearing Pursuant to Criminal Rule 52(B)” in the trial court. In his memorandum in support, appellant suggested that he was denied his Sixth Amendment right to confrontation because, “* * * there exist no state‘s corroborated forenic [sic] chemist‘s live testimony of a person that performed the analysis to prove the content, weight, and identity of the substance introduced * * *.” As a result, appellant maintained, there was insufficient evidence to support his conviction.
{¶ 8} In four assignments or error, appellant argues that: (1) he was entitled to a “default” judgment on his motion when the state failed to timely respond; (2) the trial court erred in converting his motion to a postconviction relief petition; (3) there was insufficient evidence to support his conviction; and (4) his sentencing was improper.
{¶ 9}
{¶ 10} “Any person who has been convicted of a criminal offense * * * and who claims that there was such a denial or infringement of the person‘s rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States may file a petition * * * stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence * * *.”
{¶ 11} By this definition when, after direct appeal, a criminal defendant moves to vacate his or her conviction on the basis that the movant‘s constitutional rights have been violated, such a motion is a petition for postconviction relief as defined in
{¶ 13} A party may not be granted postconviction relief unless he has satisfied the statutory requirements for such relief. As a result, even if the state fails to respond in any manner to such a petition, the petitioner is not entitled to any judgment in his or her favor, absent satisfaction of those requirements.
{¶ 14}
{¶ 15} Appellant‘s petition was well beyond the 180 days and made none of the required showings. Therefore, appellant was not entitled to relief under the statute. Appellant‘s first assignment of error is not well-taken.
{¶ 17} On consideration whereof, the judgment of the Lucas County Court of Common Pleas is affirmed. It is ordered that appellant pay the court costs of this appeal pursuant to
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to
Peter M. Handwork, J. _______________________________
JUDGE
Mark L. Pietrykowski, J. _______________________________
Arlene Singer, J. JUDGE
CONCUR. _______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of Ohio‘s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court‘s web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6.