State v. Reyes, Unpublished Decision (4-29-2005)
State v. Reyes, Unpublished Decision (4-29-2005)
Opinion of the Court
{¶ 2} Appellant was sentenced to 13 years in prison after a jury found him guilty of trafficking in cocaine and engaging in a pattern of corrupt activity.1 On February 23, 2004, appellant filed a "petition to vacate or set aside sentence" pursuant to R.C.
{¶ 3} "The trial court abused its discretion and violated the defendant's statutory and constitutional rights, including his due process rights, by summarily denying his pro se petition for relief, entitled `evidentiary hearing requested', `petition to vacate or set aside sentence', without a hearing and without the appointment of counsel, especially given the circumstances and his claims that he was denied the effective assistance of counsel at trial."
{¶ 4} A criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing. R.C.
{¶ 5} Under the doctrine of res judicata, a final judgment of conviction bars the convicted defendant 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. Perry (1967),
{¶ 6} In his petition for postconviction relief, appellant alleged that his trial counsel was ineffective in that he failed to fully prepare for the trial and he failed to challenge certain items and or documents admitted into evidence. In its judgment entry, the trial court noted that appellant had not submitted any evidence to support what were essentially his "self-serving conclusory allegations" of ineffective assistance of counsel. We have thoroughly reviewed the record in this case and conclude that the trial court did not abuse its discretion in denying appellant's petition for postconviction relief without a hearing. Appellant's assignment of error is found not well-taken.
{¶ 7} On consideration whereof, we find that substantial justice was done the party complaining and the judgment of the Wood County Court of Common Pleas is affirmed. Costs of this appeal are assessed to appellant, pursuant to App.R. 24.
Judgment Affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Handwork, J., Pietrykowski, J., Singer, P.J. Concur.
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