[Cite as State v. Driver, 2011-Ohio-690.]

COURT OF APPEALS 

STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsARTEMUS DRIVER 

 Defendant-Appellant 

JUDGES: 

Hon. W. Scott Gwin, P.J. 

Hon. William B. Hoffman, J. 

Hon. John W. Wise, J. 

Case No. 2010CA00133 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Stark County Court of 

Common Pleas, Case No. 1999CR0515 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: February 14, 2011 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

JOHN D. FERRERO KENNETH W. FRAME 

PROSECUTING ATTORNEY, Stark County Public Defender Office 

STARK COUNTY, OHIO 200 West Tuscarawas, Suite 200 

 Canton, Ohio 44702 

BY: RONALD MARK CALDWELL 

Assistant Prosecuting Attorney 

Appellate Section 

110 Central Plaza, South – Suite 510 

Canton, Ohio 44702-1413 
Stark County, Case No. 2010CA00133 2

Hoffman, J. 

{¶1} Defendant-appellant Artemus Driver appeals the April 12, 2010 Judgment 

Entry entered by the Stark County Court of Common Pleas which resentenced him on 

one count of rape, one count of felonious assault and one count of kidnapping. The 

State of Ohio is plaintiff-appellee. 

STATEMENT OF THE CASE1

{¶2} Appellant was found guilty of the aforementioned charges following a trial 

by jury. The trial court entered convictions of the charges and sentenced Appellant via 

Judgment Entry journalized August 26, 1999. 

{¶3} Appellant filed a direct appeal from the August 26, 1999 Judgment Entry in 

this Court. We affirmed the trial court’s judgment entry. See State v. Driver (October 

23, 2000), Stark App. No. 1999-CA-00290, unreported. 

{¶4} On April 12, 2010, the trial court resentenced Appellant pursuant to the 

direction of the Ohio Supreme Court as pronounced in State v. Singleton (2009), 124 

Ohio St.3d 173, 2009-Ohio-6434. The new sentence was journalized April 19, 2010. It 

is from that judgment entry Appellant prosecutes this appeal assigning as error: 

{¶5} “I. THE TRIAL COURT ERRED IN PERMITTING THE PROSECUTOR TO 

ARGUE AND PRESENT EVIDENCE REGARDING APPELLANT’S PRIOR BAD ACTS. 

{¶6} “II. THE EVIDENCE AT TRIAL WAS INSUFFICIENT TO SUPPORT A 

CONVICTION, AND THE JURY’S VERDICT WAS AGAINST THE MANIFEST WEIGHT 

OF THE EVIDENCE.” 

 

1

 A rendition of the facts is unnecessary for our disposition of this appeal. 
Stark County, Case No. 2010CA00133 3

I & II 

{¶7} Because the same rationale for our decision applies to both assignments 

of error, we was shall address them together. 

{¶8} The entry under review was generated in accordance with the procedure 

set forth in Singleton to correct errors or deficiencies involving notification and 

journalization of post release control sanctions, committed during a defendant’s initial 

sentencing. Appellant’s present assignments of error were or could have been raised in 

his initial direct appeal to this Court. 

{¶9} This Court has repeatedly held such resentencings do not allow a 

defendant to challenge anew his conviction(s) as such is barred under the principles of 

law of the case and/or res judciata. This Court’s position has been validated by two 

recent Ohio Supreme Court decisions: State v. Ketterer, 111 Ohio St.3d 70, 2006-Ohio5283; and State v. Fischer, 2010-Ohio-6238. Pursuant to Ketterer and Fischer, 

Appellant’s two assignments of error are overruled. 

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

By: Hoffman, J. 

Gwin, P.J. and 

Wise, J. concur 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ W. Scott Gwin _____________________

 HON. W. SCOTT GWIN 

 s/ John W. Wise______________________

 HON. JOHN W. WISE 
Stark County, Case No. 2010CA00133 4

IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

ARTEMUS DRIVER : 

 : 

 Defendant-Appellant : Case No. 2010CA00133 

 For the reasons stated in our accompanying Opinion, the April 19, 2010 

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

Appellant. 

 s/ William B. Hoffman_________________

 HON. WILLIAM B. HOFFMAN 

 s/ W. Scott Gwin_____________________

 HON. W. SCOTT GWIN 

 s/ John W. Wise______________________

 HON. JOHN W. WISE