State v. Smith

Citations

• 2021 Ohio 4388

Syllabus

NEW TRIAL—COUNSEL: The common pleas court properly declined to entertain defendant's pro se presentence motion under Crim.R. 33(A) for a new trial, and the motion could not be supplemented or amended, because the motion was a legal nullity, when defendant filed the motion while he was represented by counsel, and counsel did not join in the motion or otherwise indicate support for it. The common pleas court did not abuse its discretion in denying, without a hearing, the relief sought in defendant's Crim.R. 33(A) motion for a new trial, when that motion was not timely filed, and leave under Crim.R. 33(B) to move for a new trial out of time was neither sought nor warranted.