State v. Delaney

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[Cite as State v. Delaney, 2002-Ohio-288.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY STATE OF OHIO, Plaintiff-Appellee, : : CASE NO. CA2001-05-052 (Accelerated Calendar) : - vs : STACEY DELANEY, Defendant-Appellant. JUDGMENT ENTRY 1/28/2002 : : Defendant-appellant, Stacey Delaney, appeals a decision of the Clermont County Court of Common Pleas dismissing his petition for postconviction relief as untimely.1 Appellant's first assignment of error is overruled since appellant has failed to demonstrate that he meets any of the criteria under R.C. 2953.23(A) for filing a postconviction relief petition after the expiration of the statutory time limits. See State v. Halliwell (1999), 134 Ohio App.3d 730, 735. Pursuant to our holding on the first assignment of error 1. Appellant filed a pro se brief with this court. Appellant's later filed an appellate brief with the purpose of supplementing ments raised in the pro se brief. We note that the briefs raise the same issues, and that we have fully considered the arguments both briefs. attorney the arguessentially raised in Clermont CA2001-05-052 that appellant's petition for postconviction relief was untimely filed, appellant's second assignment of error is rendered moot. The judgment of the trial court is affirmed. Pursuant to App.R. 11.1(E), this entry shall not be relied upon as authority and will not be published in any form. A certified copy of this judgment entry shall constitute the mandate pursuant to App.R. 27. Costs to be taxed in compliance with App.R. 24. __________________________________ William W. Young, Presiding Judge __________________________________ Anthony Valen, Judge __________________________________ Stephen W. Powell, Judge - 2 -

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