[Cite as State v. Jordan , 2020-Ohio-1018.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

STATE OF OHIO Appellee

v. ROBERT E. JORDAN, JR. Appellant C.A. No. 29403

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2014-06-1798-A

DECISION AND JOURNAL ENTRY Dated: March 18, 2020

HENSAL, Judge. {¶1} Robert Jordan appeals from the judgment of the Summit County Co urt of Common Pleas, denying his motion to vacate a void judgment. Th is Court affirms.

I. {¶2} This Court previously set fort h the procedural background of th is case as follows: On June 30, 2014, the Summit County Grand Jury indicted Jordan and several codefendants on a myriad of char ges related to the murder of Sh awn Dotson. After pleading not guilty to the charges at arraignment, Jordan filed a motion to sever his trial from one of his co-defendants. The trial court denied the motion. Jordan subsequently appeared for a change-of-plea hearing and p leaded guilty to one count of murder with a firearm specification as well as one count of aggravated burglary. The remaini ng charges were dismissed purs uant to the agreement. In accordance with the joint recommendation by the parties in the plea agreement, the trial court sentenced Jordan to a total sen tence of 18 years to life.

State v. Jordan , 9th Dist. Summit No. 27690, 2015-Ohio-4354, ¶ 2. Mr. Jordan then moved to file a delayed appeal, which this Court granted. Id. at ¶ 3. On appeal, he argued that his guilty2

plea was not knowingly, intelligently, and voluntarily made. Id. at ¶ 4. This Court disagreed,

and affirmed the decisi on of the trial court. Id. at ¶ 7. {¶3} Several months later, Mr. Jord an filed a petition to vacate or set aside the judgment of conviction or senten ce, which the trial court denie d. He appealed that decision, but later moved to voluntarily dismiss that appeal. This Court gra nted Mr. Jordan’s motion to dismiss in October 2016. Then, over two years later, Mr. Jorda n filed a motion to vacate a void judgment, arguing that his conviction was void on the basis tha t the original complaint filed in the municipal court was not notar ized, and because the warrant was not signed. The trial court denied his motion, and Mr. Jor dan now appeals that decision.

II.

ASSIGNMENT OF ERROR

TRIAL COURT ERRED IN FAILING TO VACATE THE JUDGMENT BELOW. {¶4} In his assignment of error, Mr. Jordan argues that the trial co urt erred by failing to vacate his void conviction. This Court disagrees. {¶5} Initially, we note that Mr. Jordan’s merit brief attempts to in corporate by reference all of the arguments h e made in his briefing below. This Court, however, will only consider the arguments properly presented to this Court on appe al. See App.R. 16(A); App.R. 12(A)(2); Deutsche Bank Natl. Tr. Co. v. Taylor , 9th Dist . Summit No. 28069, 2016-Ohio-7090, ¶

14, fn.1 (“Parties cannot simply incorporate by reference arguments that they made to the trial court in their appella te brief.”). We now turn to the applicab le law. {¶6} As the Ohio Supreme Court has st ated, “[t]he jurisdiction of a trial court is invoked by a valid indictment or information and is not depende nt upon the validity of the process by which the accused is originally apprehended.” Simpson v. Maxwell , 1 Ohio St.2d 71,3

71 (1964). “[I]n a felony case, the accused is tried upon the indictment returned by the grand jury and not upon the original co mplaint filed in municipal cou rt.” State v. Sands , 6th Dist. Huron No. H-14-004, 2014-Ohio-3439, ¶ 7, citing Dowell v. Maxwell , 174 Ohio St. 289, 290 (1963). “Where the indictment provides the accused with suffic ient notice of the charges, the trial court possesses and properly exercises subject matter jur isdiction.” Sands at ¶ 7, citing State v. Joseph , 73 Ohio St.3d 450, 456 (1995). “Thus, the issuance of a gran d jury indictment renders any defect in the complaint or warrant moot.” State v. Rogers , 10th Dist. Franklin No. 17AP610, 2018-Ohio-1073, ¶ 13, citing Clinger v. Maxwell , 175 Ohio St. 540, 541-542 (1964); State

v. Heard , 9th Dist. Summit No. 27340, 2015-Ohio-664, ¶ 4 (“The Supreme Court has also noted that a flaw in a complaint is harmless error if the indictment puts a defendant on notice of all

elements for each offense ch arged in the indictment.”). {¶7} Here, Mr. Jordan challenges the v alidity of the complaint and w arrant, which – he argues – formed the basis of the indictment. He argues that si nce the complaint and warrant were invalid, the indictment was likewise invalid and, therefor e, his conviction cannot stand. Mr. Jordan points to federal case law in support of his positio n that he has not waived this issue by failing to challenge the indictment prior to trial. {¶8} Mr. Jordan’s arguments are unpe rsuasive. Any alleged defects i n the complaint or warrant were rendered moot by the issuance of the grand jury in dictment, which Mr. Jordan has not challenged as failing to provide him with sufficient notice of the charges against him. Rogers at ¶ 13; see Heard at ¶ 4. This Court, therefore , cannot say that the trial erre d when it denied Mr. Jordan’s motion to vacate a void judgment. Mr. Jord an’s assignment of error is

overruled.4

III. {¶9} Mr. Jordan’s assignment of error is overruled. The judgment of the Summit County Court of Comm on Pleas is affirmed. Judgment affirmed.

There were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, direc ting the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. Immediately upon the filing hereof , this document shall consti tute the journal entry of judgment, and it shall be file s tamped by the Clerk of the Cour t of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the pa rties and to make a notation of the mailing in the docket , pursuant to App.R. 30. Costs taxed to Appellant.

JENNIFER HENSAL FOR THE COURT

CARR, P. J. TEODOSIO, J. CONCUR.5

APPEARANCES: ROBERT E. JORDAN, JR ., pro se, Appellant. SHERRI BEVAN WALSH, Prosecuti ng Attorney, and JACQUENETTE S. CO RGAN, Assistant Prosecuting Attorney, for Appellee.