[Cite as State v. Phillips, 2014-Ohio-597.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P. J.
Plaintiff-Appellee Hon. Sheila G. Farmer, J.
Hon. John W. Wise, J.
-vs-
Case No. 2013 CA 00160
JEFFREY SCOTT PHILLIPS
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common
Pleas, Case No. 2010 CR 0772
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: February 18, 2014
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO JEFFREY PHILLIPS
PROSECUTING ATTORNEY PRO SE
KATHLEEN O. TATARSKY T.C.I.
ASSISTANT PROSECUTOR Post Office Box 901
110 Central Plaza South, Suite 510 Leavittsburg, Ohio 44430
Canton, Ohio 44702-1413
[Cite as State v. Phillips, 2014-Ohio-597.]
Wise, J.
{¶1} Appellant Jeffrey Scott Phillips appeals the July 12, 2012, decision of the
Stark County Common Pleas Court denying his petition for post conviction relief.
{¶2} Appellee is the State of Ohio.
{¶3} This case comes to us on the accelerated calendar. App. R. 11.1, which
governs accelerated calendar cases, provides, in pertinent part:
{¶4} “(E) Determination and judgment on appeal. The appeal will be
determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R.
12(A) for the statement of the reason for the court’s decision as to each error to be in
brief and conclusionary form. The decision may be by judgment entry in which case it
will not be published in any form.”
{¶5} This appeal shall be considered in accordance with the aforementioned
rule.
STATEMENT OF THE FACTS AND CASE
{¶6} On June 3, 2010, Appellant Jeffrey Scott Phillips was indicted for
aggravated murder, in violation of R.C. 2903.01(B), with two death penalty
specifications pursuant to R.C. 2929.04(A)(7). Appellant was further charged with
aggravated robbery, in violation of R.C. 2911.01(A)(3); aggravated burglary, in violation
of R.C. 2911.11(A)(1); tampering with evidence, in violation of R.C. 2921.12(A)(1); and
arson, in violation of R.C. 2909.03(A)(1).
{¶7} The charges arose from the murder of James Leeson, a sixty-six (66) year
old retired Alliance firefighter, which occurred on March 10, 2010. Mr. Leeson was
beaten and stabbed in his home during the course of a robbery wherein two flat screen
televisions and an automobile were stolen. The automobile was later set on fire.
{¶8} Following a jury trial, Appellant was convicted of aggravated murder,
aggravated robbery, aggravated burglary, and tampering with evidence and arson.
{¶9} Following the mitigation phase of the trial, the jury recommended a
sentence of life without parole.
{¶10} On November 15, 2010, the trial court sentenced appellant to life
imprisonment without the possibility of parole for the aggravated murder of Leeson, a
ten (10) year prison term for aggravated robbery, and a ten (10) year prison term for
aggravated burglary. The trial court further sentenced appellant to a five (5) year prison
term for tampering with evidence and an eighteen (18) month prison term for arson. In
all, appellant was sentenced to a prison term of life without the possibility of parole and
an additional twenty-five (25) years and was ordered to pay the costs of prosecution.
{¶11} On September 12, 2011, Appellant filed a Petition to Vacate or Set Aside
Judgment of Conviction or Sentence, along with various other motions.
{¶12} On November 16, 2011, the State filed a Response to Petition to Vacate
or Set aside Sentence, a Motion to Dismiss and Motion for Summary Judgment.
{¶13} On December 16, 2011, Appellant filed a direct appeal of his sentence
and convictions.
{¶14} By Opinion and Entry filed December 19, 2011, this Court rejected the
appeal. See State v. Phillips, 5th Dist. Stark App. No. 2010CA00388, 2011-Ohio-6569.
Appellant’s appeal to the Ohio Supreme Court was also rejected. See State v. Phillips,
131 Ohio St.3d 1510, 2012-Ohio-1710.
{¶15} On July 11, 2012, the trial court granted the State’s Motion to Dismiss and
for Summary Judgment, dismissing Appellant’s Motion for Post-Conviction Relief.
{¶16} On December 14, 2012, Appellant filed a motion for “Relief from Judgment
Civil Rule 60(B)”.
{¶17} On January 23, 2013, the State filed its Response to Relief from
Judgment Civil Rule 60(B).
{¶18} On May 20, 2013, Appellant filed a Demand for Findings of Fact and
Conclusions of Law.
{¶19} On June 5, 2013, the State filed its Response to Appellant’s Demand for
Findings of Fact and Conclusions of Law.
{¶20} On June 24, 2013, Appellant filed a Motion for Findings of Fact and
Conclusions of Law.
{¶21} By Judgment Entry filed July 12, 2013, the trial court granted the State’s
Motion for Summary Judgment and Dismissing Petition for Post Conviction Relief.
{¶22} By Judgment Entry filed also on July 12, 2013, the trial court dismissed
Appellant’s motion for findings of fact and conclusions of law.
{¶23} Appellant now appeals, assigning the following error for review:
ASSIGNMENT OF ERROR
{¶24} “I. THE COURT OF COMMON PLEAS ABUSED ITS DISCRETION
WHEN IT FAILED AND/OR REFUSED TO PROVIDE FINDINGS OF FACT AND
CONCLUSIONS OF LAW IN SUPPORT OF ITS DISCRETION TO DENY THE POST-
CONVICTION RELIEF.”
I.
{¶25} In his sole Assignment of Error, Appellant claims that the trial court erred
in refusing to provide findings of fact and conclusions of law in support of its denial of
his petition for post-conviction relief. We disagree.
{¶26} As an initial matter, we must determine whether the instant appeal is
timely. The decision from which Appellant is appealing is the trial court’s July 12, 2012,
decision denying his post-conviction relief petition. However, Appellant failed to appeal
such decision, choosing instead to wait until May 20, 2013 to file a “Demand for
Findings of Fact and Conclusions of Law", and a subsequent “Motion for Findings of
Fact and Conclusions of Law” on June 24, 2013.
{¶27} We therefore find the instant appeal is not timely filed.
{¶28} For the foregoing reasons, the appeal of the judgment of the Court of
Common Pleas of Stark County, Ohio, is dismissed.
By: Wise, J.
Hoffman, P. J., and
Farmer, J., concur.