STATE v. BURNSIDE

No. 08 MA 172.

2009 Ohio 2653

State of Ohio, Plaintiff-Appellee, v. John O. Burnside, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: June 4, 2009.


Attorney(s) appearing for the Case

Attorney Paul J. Gains, Prosecuting Attorney, Attorney Ralph M. Rivera, Assistant Prosecuting Attorney, 21 W. Boardman St., 6th Floor, Youngstown, OH 44503, for Plaintiff-Appellee.

John O. Burnside, Pro-se, #17973004, P.O. Box 3000, White Deer, PA 17887, for Defendant-Appellant.

Before: Hon. Mary DeGenaro, Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite.


OPINION

DeGENARO, J.

{¶1} This timely appeal comes for consideration upon the record in the trial court, and the parties' briefs. Pro-se defendant-appellant, John Otis Burnside, appeals the decision of the Mahoning County Court of Common Pleas that denied a motion to expunge his attempted rape conviction. Burnside first argues his attempted rape conviction is void for lack of subject matter jurisdiction due to an allegedly defective indictment...

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