State of Ohio, Plaintiff-Appellee,
v.
Craig Franklin, Defendant-Appellant.
Court of Appeals of Ohio, Seventh District, Mahoning County.https://leagle.com/images/logo.png
Dated: September 10, 2010.
Dated: September 10, 2010.
Attorney(s) appearing for the Case
Attorney Paul Gains, Prosecuting Attorney, Attorney Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.
Attorney Timothy Young, Ohio Public Defender, Attorney Melissa Prendergast, Assistant State Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, for Defendant-Appellant.
Before: Joseph J. Vukovich, Gene Donofrio, Cheryl L. Waite.
Court of Appeals of Ohio, Seventh District, Mahoning County.
OPINION
VUKOVICH, P.J.
{¶1} Defendant-appellant Craig Franklin maintains that his motion for a new trial, filed with the trial court after his conviction was affirmed on appeal, was erroneously overruled. He maintains that even though his motion for a new trial was filed beyond the time limitation set out in Crim.R. 33 and even though he did not request leave to file an untimely motion or submit an affidavit alleging he was unavoidably...
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