State v. Wilson, Unpublished Decision (6-25-2001)
State v. Wilson, Unpublished Decision (6-25-2001)
Opinion of the Court
As part of a plea agreement, appellant entered guilty pleas to charges of unauthorized use of a vehicle and attempted aggravated arson in February 1989.1 Appellant subsequently filed a petition for postconviction relief, which the trial court dismissed without a hearing on October 13, 1999. This appeal followed.
As his sole assignment of error, appellant claims the trial court failed to comply with the provisions of Crim.R. 11(C)(2) when accepting his plea.2
We note that issues regarding compliance with Crim.R. 11, which could clearly have been raised on direct appeal, are res judicata in a postconviction relief proceeding. State v. Ishmail (1981),
Since the question of compliance with Crim.R. 11 is a matter that should have been raised on direct appeal, the trial court was correct in dismissing appellant's petition for postconviction relief without a hearing.3
Accordingly, appellant's assignment of error is overruled and the judgment of the trial court is hereby affirmed.
YOUNG, P.J., and VALEN, J., concur.
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