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STATE v. PAYNE

No. 08AP-446.

2008 Ohio 5225

State of Ohio, Plaintiff-Appellee, v. Ronald Payne, Defendant-Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on October 7, 2008.

Attorney(s) appearing for the Case

Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

Ronald Payne, pro se.

DECISION

TYACK, J.

{¶1} Ronald Payne is appealing from the refusal of the trial court to modify his sentence of incarceration of 35 years following his filing of a Civ.R. 60(B) motion. Payne assigns two errors for our consideration:

[I.] The trial court erred when it failed to recognize the judgment against Appellant was voidable and to provide relief from same.

[II.] The First Appellate District Court has ruled that the...

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