[Cite as Ohio v. Nash, 2011-Ohio-6548.]

COURT OF APPEALS 

STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

v. 

SHAWN L. NASH 

 Defendant-Appellant 

JUDGES: 

Hon. William B. Hoffman, P.J. 

Hon. John W. Wise, J. 

Hon. Julie A. Edwards, J. 

Case No. 2011CA00146 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Stark County Court of 

Common Pleas, Case No. 2008CR2161 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: December 12, 2011 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

JOHN D. FERRERO, GEORGE URBAN 

PROSECUTING ATTORNEY, 116 Cleveland Ave. NW 

STARK COUNTY, OHIO Suite 808 

 Canton, Ohio 44702 

By: RENEE M. WATSON 

Assistant Prosecuting Attorney 

Appellate Section 

110 Central Plaza, South – Suite 510 

Canton, Ohio 44702-1413 
Stark County, Case No. 2011CA00146 2

Hoffman, P.J. 

{¶ 1} Defendant-appellant Shawn L. Nash appeals the June 24, 2011 Judgment 

Entry entered by the Stark County Court of Common Pleas, which denied his motion for 

resentencing. Plaintiff-appellee is the State of Ohio. 

STATEMENT OF CASE1

{¶ 2} On December 26, 2008, the Stark County Grand Jury indicted Appellant 

on three counts of trafficking in cocaine, in violation of R.C. 2925.03(A)(1)(C)(4)(d), 

felonies of the third degree; one count of possession of cocaine, in violation of R.C. 

2925.11(A)(C)(4)(c), a felony of the third degree; and two counts of possession of 

cocaine, in violation of R.C. 2925.11(A)(C)(4)(b), felonies of the fourth degree. The trial 

court issued a warrant for Appellant’s arrest, which was returned on February 12, 2010. 

Appellant appeared before the trial court for arraignment on February 19, 2010, and 

entered a plea of not guilty to all charges. Upon motion of Appellee, the trial court 

permitted Appellee to amend Count One of the Indictment from trafficking in cocaine, a 

felony of the third degree to trafficking in cocaine, a felony of the fifth degree; and Count 

Two from possession of cocaine, a felony of the third degree, to possession of cocaine, 

a felony of the fifth degree. 

{¶ 3} Appellant appeared before the trial court on March 29, 2010, and entered 

a plea of guilty to the amended indictment. The trial court found Appellant guilty, and 

deferred the imposition of sentence pending a presentence investigation by the 

probation department. 

 

1

 A Statement of the Facts underlying Appellant’s conviction is not necessary for our 

disposition of this appeal. 
Stark County, Case No. 2011CA00146 3

{¶ 4} Appellant appeared before the trial court for sentencing on April 28, 2010. 

The trial court sentenced Appellant to three years of community control subject to the 

general supervision and control of the court. The trial court reserved the imposition of 

an eighty-three month prison term in the event Appellant failed to comply with the terms 

and conditions of his community control. Appellant did not take a direct appeal from the 

sentence. 

{¶ 5} On May 24, 2010, Appellant’s probation officer filed a motion to revoke 

probation or modify former order. Appellant had been charged with OVI in Wayne 

County on May 9, 2010, and failed to report the arrest to his probation officer. 

Additionally, Appellant failed to report to the probation officer on May 12, 2010, and May 

24, 2010. Finally, Appellant violated curfew on May 23, 2010. Via Journal Entry filed 

November 24, 2010, the trial court revoked Appellant’s community control, and 

sentenced him to an aggregate term of imprisonment of eighty-three months. The trial 

court filed a Judgment Entry on December 2, 2010, memorializing the same. Appellant 

did not take a direct appeal from the revocation of his community control. 

{¶ 6} On June 23, 2011, Appellant filed a pro se motion for resentencing, 

arguing his crimes were allied offenses of similar import. The trial court denied 

Appellant’s motion via Judgment Entry filed June 24, 2011. The trial court found the 

elements required for the offenses of trafficking in cocaine and possession of cocaine 

were different. The trial court also found each of the three trafficking offenses and each 

of the three possession offenses were committed on different days, i.e., September 25, 

2008, February 27, 2008, and October 30, 2008. 
Stark County, Case No. 2011CA00146 4

{¶ 7} It is from this Judgment Entry Appellant appeals, raising its sole 

assignment of error: 

{¶ 8} “I. THE TRIAL COURT ERRD WHEN IT DENIED APPELLANT’S 

MOTION FOR RESENTENCING.” 

{¶ 9} This case comes to us on the accelerated calendar. App. R. 11. 1, which 

governs accelerated calendar cases, provides in pertinent part: 

{¶ 10} “(E) Determination and judgment on appeal. 

{¶ 11} “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. 

{¶ 12} “The decision may be by judgment entry in which case it will not be 

published in any form.” 

{¶ 13} This appeal shall be considered in accordance with the aforementioned 

rule. 

I 

{¶ 14} In his sole assignment of error, Appellant maintains the trial court erred in 

denying his motion for resentencing. 

{¶ 15} We find Appellant’s allied offenses claim is barred by the doctrine of res 

judicata. “[A] convicted defendant is precluded under the doctrine of res judicata from 

raising and litigating in any proceeding, except an appeal from that judgment, any 

defense or any claimed lack of due process that was raised or could have been raised 

by the defendant at the trial which resulted in that judgment of conviction or on appeal 

from that judgment.” State v. Szefcyk (1996), 77 Ohio St.3d 93, 96, 671 N.E.2d 233. 
Stark County, Case No. 2011CA00146 5

{¶ 16} Appellant was convicted and sentenced on May 4, 2010. Appellant did 

not take a direct appeal from his original sentence. On December 2, 2010, Appellant’s 

community control was revoked and Appellant was sentenced to eighty-three months in 

prison. Again, Appellant did not take a direct appeal challenging either the revocation of 

his community control and/or the imposition of his sentence. We find Appellant is 

barred from raising this argument at this juncture. 

{¶ 17} Appellant’s sole assignment of error is overruled. 

{¶ 18} The judgment of the Stark County Court of Common Pleas is affirmed. 

By: Hoffman, P.J. 

Wise, J. and 

Edwards, J. concur 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ John W. Wise _____________________

 HON. JOHN W. WISE 

 s/ Julie A. Edwards___________________

 HON. JULIE A. EDWARDS 
Stark County, Case No. 2011CA00146 6

IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

v. : JUDGMENT ENTRY 

 : 

SHAWN L. NASH : 

 : 

 Defendant-Appellant : Case No. 2011CA00146 

 For the reason stated in our accompanying Opinion, the judgment of the Stark 

County Court of Common Pleas is affirmed. Costs assessed to Appellant. 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ John W. Wise______________________

 HON. JOHN W. WISE 

 s/ Julie A. Edwards ___________________

 HON. JULIE A. EDWARDS