[Cite as State v. Adams, 2012-Ohio-17.]

COURT OF APPEALS 

MUSKINGUM COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsJUSTIN ADAMS 

 Defendant-Appellant 

JUDGES: 

Hon. William B. Hoffman, P.J. 

Hon. Sheila G. Farmer, J. 

Hon. Julie A. Edwards, J. 

Case No. CT2011-0036 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court 

of Common Pleas, Case No. CR2010-0003 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: January 3, 2012 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

RON WELCH JUSTIN ADAMS, PRO SE 

Assistant Prosecuting Attorney Noble Correctional Institution 

Muskingum County, Ohio 15708 McConnelsville Rd 

27 North Fifth Street Caldwell, Ohio 43724 

Zanesville, Ohio 43701 
Muskingum County, Case No. CT2011-0036 2

Hoffman, P.J. 

(¶1) Defendant-appellant Justin Adams appeals the July 19, 2011 Judgment 

Entry entered by the Muskingum County Court of Common Pleas denying his motion to 

correct illegal sentence. Plaintiff-appellant is the State of Ohio. 

STATEMENT OF THE CASE 

(¶2) Following an investigation by the Muskingum County Sheriff’s Office 

involving a confidential informant, the Muskingum County Grand Jury indicted Appellant 

on the following Counts: 1.) trafficking in drugs (cocaine) with a forfeiture specification, 

in violation of R.C. 2925.03(A)(1), a felony of the third degree; 2.) trafficking in drugs 

(cocaine), with a forfeiture specification, in violation of R.C. 2925.03(A)(1), a felony of 

the second degree; 3.) trafficking in drugs (cocaine), with a forfeiture specification, in 

violation of R.C. 2925.03(A)(1), a felony of the second degree; 4.) trafficking in drugs 

(cocaine), in violation of R.C. 2925.03(A)(1), a felony of the third degree; 5.) trafficking 

in drugs (cocaine), in violation of R.C. 2925.03(A)(1), a felony of the first degree; 6.) 

having a weapon under disability, in violation of R.C. 2923.13(A)(2), a felony of the third 

degree; 7.) engaging in a pattern of corrupt activity, in violation of R.C. 2923.32(A)(1), a 

felony of the first degree; 8.) possession of drug paraphernalia, in violation of R.C. 

2925.14(C)(1), a fourth degree misdemeanor. 

(¶3) On October 22, 2009, the confidential informant purchased cocaine from 

Appellant. On October 29, 2009, Appellant asked the confidential informant to transport 

him to pick up monies owed to him, stating he would be restocking his supply of 

narcotics. On November 6, 2009, the confidential informant arranged to purchase four 

ounces of cocaine from Appellant. On November 12, 2009, the confidential informant 
Muskingum County, Case No. CT2011-0036 3

purchased four and one-half ounces of cocaine from Appellant. On December 14, 

2009, the confidential informant purchased cocaine from Appellant. On December 29, 

2009, Appellant sold nine ounces of cocaine to the confidential informant in a recorded 

conversation. 

(¶4) On May 17, 2010, Appellant entered a plea of guilty to counts one, four, 

five and eight, and to an amended count two and three. The State agreed to make no 

recommendation and leave sentencing to the discretion of the trial court. The State 

further agreed to nolle counts six and seven at the time of sentencing. Appellant agreed 

to all forfeiture items set forth in the specifications. 

(¶5) On July 12, 2010, the trial court sentenced Appellant to an aggregate term 

of twelve years in prison, and ordered he pay $30,000 in fines. The trial court further 

advised Appellant a term of post-release control would be mandatory for five years. 

(¶6) On July 15, 2011, Appellant filed a motion to correct illegal sentence. Via 

Judgment Entry of July 19, 2011, the trial court denied the motion. 

(¶7) Appellant now appeals, assigning as error: 

(¶8) “I. TRIAL COURT COMMITTED PLAIN ERROR IN SENTENCING 

APPELLANT TO ON [SIC] MULTIPLE CONVICTIONS THAT WERE ALLIED 

OFFENSES IN VIOLATION OF R.C. 2941.25, OHIO SUPREME COURT RULING IN 

STATE V. JOHNSON 2010-OHIO-6314, U.S. SUPREME COURT RULING IN 

MAUMEE V. GEIGER (1976), 45 OHIO ST.2d 238, 244, THE FIFTH AMENDMENT OF 

THE UNITED STATES AND THE OHIO CONSTITUTION ARTICLE 1 SECTION 10.” 

(¶9) As set forth in the Statement of the Case, supra, Appellant appeals the 

July 19, 2011 Judgment Entry of the trial court denying his motion to correct an illegal 
Muskingum County, Case No. CT2011-0036 4

sentence. Appellant did not file a direct appeal from his July 12, 2010 sentence herein. 

Appellant’s motion to correct the illegal sentence is not a substitute for a direct appeal. 

Upon review, we find the trial court properly denied the motion to correct illegal 

sentence as Appellant’s sentence is not illegal.1

 

(¶10) Appellant raises an argument that was capable of being raised on direct 

appeal. His argument is barred by res judicata. Under the doctrine of res judicata, a 

final judgment of conviction bars a convicted defendant who was represented by 

counsel 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 an appeal from that judgment. State v. Szefcyk (1996), 77 Ohio St.3d 

93, 95 (Emphasis added). 

(¶11) Appellant’s sole assignment of error is overruled. 

 

1

 Assuming, arguendo, Appellant’s assigned error was not barred by res judicata, we 

would overrule the argument on the merits because the offenses were not allied 

offenses of similar import as they occurred on different dates and did not involve the 

same conduct. State v. Johnson, 2010-Ohio-6314. 
Muskingum County, Case No. CT2011-0036 5

(¶12) The July 19, 2011 Judgment Entry of the Muskingum County Court of 

Common Pleas is affirmed. 

By: Hoffman, P.J. 

Farmer, J. and 

Edwards, J. concur 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ Sheila G. Farmer __________________

 HON. SHEILA G. FARMER 

 s/ Julie A. Edwards___________________

 HON. JULIE A. EDWARDS 

 
Muskingum County, Case No. CT2011-0036 6

IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

JUSTIN ADAMS : 

 : 

 Defendant-Appellant : Case No. CT2011-0036 

 For the reasons stated in our accompanying Opinion, the July 19, 2011 

Judgment Entry of the Muskingum County Court of Common Pleas is affirmed. Costs to 

Appellant. 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ Sheila G. Farmer __________________

 HON. SHEILA G. FARMER 

 s/ Julie A. Edwards___________________

 HON. JULIE A. EDWARDS