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State v. Sage

Citations

  • 2020 Ohio 3575

Syllabus

The trial court did not err in overruling appellant's pro se motion to vacate his guilty plea. The trial court properly found that appellant's motion was an untimely petition for post-conviction relief that the court lacked jurisdiction to consider. The trial court also properly found that the claim appellant raised in the motion—that the trial court violated Crim.R. 11(C)(2)(c) at his plea hearing—was barred by the doctrine of res judicata. Appellant additionally failed to file a transcript of his plea hearing, thus requiring this court to presume the regularity of that proceeding, i.e., that the trial court complied with Crim.R. 11(C)(2)(c). Judgment affirmed.

Judges: Welbaum

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