State v. Snider ( 2011 )

[Cite as State v. Snider, 2011-Ohio-6873.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO,
Plaintiff-Appellee, Case No. 2011CA00158
JUDGES:
v. Hon. William B. Hoffman, P.J.
Hon. Sheila G. Farmer, J.
Hon. Julie A. Edwards, J.
STEVEN L. SNIDER,
Defendant-Appellant. OPINION
CHARACTER OF PROCEEDING: Appeal from the Stark County Court of
Common Pleas, Case No. 2008CR0583
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: December 30, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO, GEORGE URBAN
PROSECUTING ATTORNEY, 116 Cleveland Ave. N.W.
STARK COUNTY, OHIO Suite 808
Canton, Ohio 44702
By: RONALD MARK CALDWELL
Assistant Prosecuting Attorney
110 Central Plaza, South – Suite 510
Canton, Ohio 44702-1413
Hoffman, P.J.
{¶ 1} Defendant-appellant Steven L. Snider appeals the June 27, 2011
Judgment Entry entered by the Stark County Court of Common Pleas denying his
motion for resentencing. Plaintiff-appellee is the State of Ohio.
STATEMENT OF THE CASE
{¶ 2} On June 12, 2008, a jury found Appellant guilty of felonious assault, in
violation of R.C. 2903.11(A)(1), and domestic violence, in violation of R.C. 2919.25(A).
The trial court sentenced Appellant to an aggregate prison term of thirteen years,
including eight years for the felonious assault conviction and five years for the domestic
violence conviction.
{¶ 3} This Court affirmed Appellant’s conviction on direct appeal via Judgment
Entry filed June 29, 2009. State v. Snider Stark App. No. 2008-CA-00147, 2009-Ohio-
3427.
{¶ 4} On April 12, 2010, Appellant filed a “Motion to Impose Lawful Sentence on
Defendant” citing the trial court's failure to properly impose post-release control as part
of Appellant's original sentence. Via Judgment Entry filed May 5, 2010, the trial court
denied Appellant's motion as moot as the trial court had held a video re-sentencing
hearing pursuant to R.C. 2929.191 on May 3, 2010. The court had issued a Journal
Entry on May 6, 2010 reflecting the re-sentencing. On February 22, 2011, this Court
affirmed the sentence. State v. Snider, Stark App. No. 2010-CA-00128, 2011-Ohio-889.
{¶ 5} On June 24, 2011, Appellant filed a motion for resentencing asserting his
offenses were allied offenses, and requesting the trial court correct his sentence. The
trial court denied the motion via Judgment Entry filed June 27, 2011.
{¶ 6} Appellant now appeals, assigning as error:
{¶ 7} “I. THE TRIAL COURT ERRED WHEN IT DENIED APPELLANT’S
MOTION FOR RESENTENCING WHEN IT FOUND APPELLANT TO HAVE HAD A
SEPARATE ANIMUS FOR THE OFFENSES OF FELONIOUS ASSAULT AND
DOMESTIC VIOLENCE.”
{¶ 8} As set forth in the Statement of the Case supra, Appellant directly
appealed his original conviction and sentence to this Court and this Court affirmed the
same via Judgment Entry filed June 29, 2009. Because Appellant could have raised the
argument he now assigns as error on direct appeal from his original conviction and
sentence, the claimed error is barred from our review by res judicata.
{¶ 9} Under the doctrine of res judicata, a final judgment of conviction bars a
convicted defendant who was represented by counsel from raising and litigating in any
proceeding except an appeal from that judgment, any defense or any claimed lack of
due process that was raised or could have been raised by the defendant at the trial,
which resulted in that judgment of conviction, or on an appeal from that judgment. State
v. Szefcyk (1996), 77 Ohio St.3d 93, 95 (emphasis added).
{¶ 10} Appellant’s sole assignment of error is overruled.
{¶ 11} The June 27, 2011 Judgment Entry entered by the Stark County Court of
Common Pleas is affirmed.
Judgment affirmed.
Farmer, and Edwards, JJ., concur.
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO,
Plaintiff-Appellee, Case No. 2011CA00158
v.
STEVEN L. SNIDER,
Defendant-Appellant. JUDGMENT ENTRY
For the reason stated in our accompanying Opinion, the June 27, 2011 Judgment
Entry entered by the Stark County Court of Common Pleas is affirmed. Costs to
Appellant.
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Sheila G. Farmer __________________
HON. SHEILA G. FARMER
s/ Julie A. Edwards ___________________
HON. JULIE A. EDWARDS