STATE v. RICE

No. 2010-A-0046.

2011 Ohio 3746

State of Ohio, Plaintiff-Appellee, v. Brandon J. Rice, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Ashtabula County.

July 29, 2011.


Attorney(s) appearing for the Case

Thomas L. Sartini , Ashtabula County Prosecutor, and Shelley M. Pratt , Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-Appellee).

Joseph R. Klammer , The Klammer Law Office, LTD., Lindsay II Professional Center, 6990 Lindsay Drive, Suite 7, Mentor, OH 44060 (For Defendant-Appellant).


OPINION

MARY JANE TRAPP, J.

{¶1} Brandon Rice appeals from a judgment of the Ashtabula Court of Common Pleas dismissing his petition for postconviction relief as untimely. Mr. Rice's petition was filed almost a year after the trial transcript was filed with this court in his direct appeal, long past the 180-day time limit prescribed in R.C. 2953.21(A)(2). He did not allege that one of the two exceptions set forth in R.C. 2953.23(A) applies...

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