State v. Davies

2020 Ohio 2993

• Court: Ohio Court of Appeals
• Decided: May 18, 2020
• Docket: 2019-A-0067
• Status: Published

Opinion

[Cite as State v. Davies, 2020-Ohio-2993.]

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT

ASHTABULA COUNTY, OHIO

STATE OF OHIO, : OPINION

Plaintiff-Appellee, : CASE NO. 2019-A-0067 - vs - :

ROBERT R. DAVIES, :

Defendant-Appellant. :

Civil Appeal from the Ashtabula County Court, Western District, Case No. 2017 MI 00025 W.

Judgment: Affirmed.

Cecilia M. Cooper, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, 25 West Jefferson Street, Jefferson, Ohio 44047 (For Plaintiff-Appellee).

Robert Davies, pro se, 7455 Harmon Road, Conneaut, Ohio 44030. (Defendant- Appellant).

THOMAS R. WRIGHT, J.

{¶1} Appellant, Robert R. Davies, was convicted of a misdemeanor in April 2000.

Twelve years later, due to a flawed complaint, his conviction was vacated and the case

was dismissed. Appellant therefore moved for reimbursement of fines and costs which

was overruled. Appellant did not appeal.

{¶2} Thereafter, appellant moved the trial court to vacate its order overruling his

motion for reimbursement. That motion was overruled and appellant appeals assigning the following as error:

{¶3} “The trial court erred in denying appellant’s motion to vacate the judgment

denying return of fines and court costs.”

{¶4} Appellant could have appealed the trial court’s order denying his motion for

reimbursement, but did not. Res judicata bars litigating in any proceeding, except a direct

appeal, any defense or claimed lack of due process that could have been raised on direct

appeal. State v. Hall, 11th Dist. Trumbull No. 2008-T-0051, 2009-Ohio-6379, ¶ 33,

quoting State v. Szefcyk, 77 Ohio St.3d 93, 671 N.E.2d 233 (1996), syllabus. Stated

otherwise, a motion to vacate may not be used as a substitute for appeal. State v. Weese,

9th Dist. Medina Nos. 2742-M and 2760-M, 1998 WL 239977 (May 13, 1998). Moreover,

reimbursement of fines and costs after reversal and dismissal is a due process issue.

Nelson v. Colorado,137 S.Ct. 1249, 197 L.Ed.2d 611 (2017).

{¶5} Because appellant’s motion to vacate is barred by res judicata, his

assignment of error lacks merit. The trial court’s judgment is affirmed.

MATT LYNCH, J.,

MARY JANE TRAPP, J.,

concur.