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STATE v. DAVE

No. 2008-CA-00111.

2008 Ohio 5890

State of Ohio, Respondent-Appellee, v. Marlon Aaron Dave, pro se, Petitioner-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: November 10, 2008.

Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Stark County, Ohio, By: Ronald Mark Caldwell, Assistant Prosecuting Attorney, Appellate Section, 110 Central Plaza South — Suite 510, Canton, Ohio 44702-1413, for Plaintiff-Appellee.

Marlon Dave, pro se, Inmate No. 367-538, Ross Correctional Institution, P.O. Box 7010, Chillicothe, Ohio 45601, for Defendant-Appellant.

Before: William B. Hoffman, P.J., Julie A. Edwards, J., Patricia A. Dalaney, J.

OPINION

EDWARDS, J.

{¶1} Petitioner-appellant, Marlon Dave, appeals the trial court's denial of his petition for post conviction relief. The State of Ohio is the respondent-appellee. In his petition appellant argued that his conviction was void and/or voidable for lack of jurisdiction due to an invalid complaint filed in the Municipal Court, ineffective assistance of counsel and "actual innocence."

STATEMENT OF FACTS AND CASE<...

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