585 N.E.2d 934 | Ohio Ct. App. | 1991
Appellant, Roger Roberts, appeals from the trial court's denial of his petition for postconviction relief.
Roberts filed his notice of appeal on February 4, 1991. This court dismissed the appeal on May 22, 1991, after Roberts failed to timely file his brief. On July 9, 1991, this court granted Roberts' motion for reconsideration, stating that it would consider Roberts' notice of appeal, which incorporated the assignments of error, as Roberts' brief. Roberts has also filed a document entitled "Defendant-Appellants [sic] Pro Se Brief" which we will review in conjunction with the notice of appeal.
Roberts' argument assumes that a response by the state is mandated by R.C.
Summary judgment pursuant to R.C.
Assignment of Error No. 2 is overruled.
"It is clear that due process and equal protection demand that indigent prisoners must be provided with the transcript when it is needed for an effective defense, in this case the court had granted such motion for transciript [sic], and then denied such motion after it had previously granted such motion.
"4. The trial court erred in its denying appellant counsel during the postconviction action."
Postconviction relief is a civil proceeding. State v. Harvey
(1980),
The third and fourth assignments of error are overruled.
Roberts has failed to provide this court with a transcript of the trial court's acceptance of his guilty pleas. The appellant has the duty of providing a transcript for appellate review because the burden is necessarily on the appellant to show error by reference to matters in the record. Knapp v. EdwardsLaboratories (1980),
The fifth assignment of error is overruled.
It appears that Roberts' contention in this assignment of error is that the trial court somehow denied him access to the courts. A review of the record indicates to the contrary as the trial court clearly complied with R.C.
The first assignment of error is overruled.
The judgment of the trial court is affirmed.
Judgment affirmed.
BAIRD, P.J., and REECE, J., concur.