STATE v. NELSON

No. CT2008-0013.

2008 Ohio 5901

State of Ohio, Plaintiff-Appellee, v. Barry C. Nelson, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: November 12, 2008.


Attorney(s) appearing for the Case

D. Michael Haddox, Prosecuting Attorney, Ron Welch, Assistant Prosecutor, 27 North Fifth Street, P. O. Box 189, Zanesville, Ohio 43702-0189, for Plaintiff-Appellee.

Barry C. Nelson, Pro Se, Noble Correctional Institution, 15708 McConnelsville Road, Caldwell, Ohio 43724, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.


OPINION

WISE, J.

{¶1} Appellant Barry C. Nelson appeals from the denial of his postconviction motion to set aside sentence in the Muskingum County Court of Common Pleas. The relevant facts leading to this appeal are as follows.

{¶2} On May 23, 2007, appellant was indicted on one count of aggravated burglary (F-1), one count of carrying a concealed weapon (F-4), and one count of aggravated menacing (M-1). On July...

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