.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. W. Scott Gwin, P.J.
Plaintiff-Appellee Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
-vsCase No. 2010CA00133
ARTEMUS DRIVER
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Stark County Court of
Common Pleas, Case No. 1999CR0515
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: February 14, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO KENNETH W. FRAME
PROSECUTING ATTORNEY, Stark County Public Defender Office
STARK COUNTY, OHIO 200 West Tuscarawas, Suite 200
Canton, Ohio 44702
BY: RONALD MARK CALDWELL
Assistant Prosecuting Attorney
Appellate Section
110 Central Plaza, South – Suite 510
Canton, Ohio 44702-1413
Stark County, Case No. 2010CA00133 2
Hoffman, J.
{¶1} Defendant-appellant Artemus Driver appeals the April 12, 2010 Judgment
Entry entered by the Stark County Court of Common Pleas which resentenced him on
one count of rape, one count of felonious assault and one count of kidnapping. The
State of Ohio is plaintiff-appellee.
STATEMENT OF THE CASE1
{¶2} Appellant was found guilty of the aforementioned charges following a trial
by jury. The trial court entered convictions of the charges and sentenced Appellant via
Judgment Entry journalized August 26, 1999.
{¶3} Appellant filed a direct appeal from the August 26, 1999 Judgment Entry in
this Court. We affirmed the trial court’s judgment entry. See State v. Driver (October
23, 2000), Stark App. No. 1999-CA-00290, unreported.
{¶4} On April 12, 2010, the trial court resentenced Appellant pursuant to the
direction of the Ohio Supreme Court as pronounced in State v. Singleton (2009),
. The new sentence was journalized April 19, 2010. It
is from that judgment entry Appellant prosecutes this appeal assigning as error:
{¶5} “I. THE TRIAL COURT ERRED IN PERMITTING THE PROSECUTOR TO
ARGUE AND PRESENT EVIDENCE REGARDING APPELLANT’S PRIOR BAD ACTS.
{¶6} “II. THE EVIDENCE AT TRIAL WAS INSUFFICIENT TO SUPPORT A
CONVICTION, AND THE JURY’S VERDICT WAS AGAINST THE MANIFEST WEIGHT
OF THE EVIDENCE.”
1
A rendition of the facts is unnecessary for our disposition of this appeal.
Stark County, Case No. 2010CA00133 3
I & II
{¶7} Because the same rationale for our decision applies to both assignments
of error, we was shall address them together.
{¶8} The entry under review was generated in accordance with the procedure
set forth in Singleton to correct errors or deficiencies involving notification and
journalization of post release control sanctions, committed during a defendant’s initial
sentencing. Appellant’s present assignments of error were or could have been raised in
his initial direct appeal to this Court.
{¶9} This Court has repeatedly held such resentencings do not allow a
defendant to challenge anew his conviction(s) as such is barred under the principles of
law of the case and/or res judciata. This Court’s position has been validated by two
recent Ohio Supreme Court decisions: State v. Ketterer,
. Pursuant to Ketterer and Fischer,
Appellant’s two assignments of error are overruled.
{¶10} The judgment of the Stark County Court of Common Pleas is affirmed.
By: Hoffman, J.
Gwin, P.J. and
Wise, J. concur
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ W. Scott Gwin _____________________
HON. W. SCOTT GWIN
s/ John W. Wise______________________
HON. JOHN W. WISE
Stark County, Case No. 2010CA00133 4
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
ARTEMUS DRIVER :
:
Defendant-Appellant : Case No. 2010CA00133
For the reasons stated in our accompanying Opinion, the April 19, 2010
Judgment Entry of the Stark County Court of Common Pleas is affirmed. Costs to
Appellant.
s/ William B. Hoffman_________________
HON. WILLIAM B. HOFFMAN
s/ W. Scott Gwin_____________________
HON. W. SCOTT GWIN
s/ John W. Wise______________________
HON. JOHN W. WISE
