STATE v. YSLAS

Appellate No. 08-CA-10.

2009 Ohio 2055

State of Ohio, Plaintiff-Appellee, v. Ramon Yslas, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Miami County.

Rendered on May 1, 2009.


Attorney(s) appearing for the Case

Anthony E. Kendell, Atty. Reg. #0067242, Miami County Prosecutor's Office, 201 West Main Street, Safety Building, Troy, Ohio 45373, Attorney for Plaintiff-Appellee.

Ramon M. Yslas, #507704, Chillicothe Correctional Institution, P.O. Box 5500, Chillicothe, Ohio 45601, Defendant-Appellant, pro se.


OPINION

WOLFF, J.

{¶ 1} Ramon Yslas appeals from the dismissal of his Civ.R. 60(B)(2)(5) motion, wherein he claims his speedy trial rights under R.C. 2945.71 et seq. had been violated. The trial court treated the motion as a petition for post-conviction relief under R.C. 2953.21 and, having done so, dismissed the petition as untimely pursuant to our opinion in State v. Hayden, 2007-Ohio-5572 and as barred by res judicata pursuant...

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