[Cite as State v. Battle, 2013-Ohio-1759.]

COURT OF APPEALS 

MORGAN COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsBILLY J. BATTLE 

 Defendant-Appellant 

JUDGES: 

Hon. William B. Hoffman, P.J. 

Hon. Sheila G. Farmer, J. 

Hon. Patricia A. Delaney, J. 

Case No. 12AP008 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Morgan County Common 

Pleas Court, Case No. 07CR0064 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: April 26, 2013 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

MARK J. HOWDYSHELL BILLY J. BATTLE, PRO SE 

Prosecuting Attorney S.C.I. Inmate #A617-868 

19 East Main Street 5900 B.I.S. Road 

McConnelsville, Ohio 43756 Lancaster, Ohio 43130 
Morgan County, Case No. 12AP008 2

Hoffman, P.J. 

{¶1} Defendant-appellant Billy J. Battle appeals the August 9, 2012 Journal 

Entry entered by the Morgan County Court of Common Pleas. Plaintiff-appellee is the 

state of Ohio. 

STATEMENT OF THE CASE1

{¶2} On appeal from his original conviction, this Court affirmed Appellant’s 

conviction in State v. Battle, Morgan No. 09 AP 001, 2010-Ohio-4327. Appellant filed 

an application for delayed appeal on April 11, 2012, submitting in conjunction therewith 

a transcript of a motions hearing conducted on August 28, 2008. Subsequently, on May 

18, 2012, Appellant filed an application for reopening. This Court denied delayed 

appeal on April 19, 2012, and denied the application for reopening via Judgment Entry 

of June 12, 2012. 

{¶3} On July 13, 2012, Appellant filed a motion in the trial court to certify the 

previously omitted record of the August 26, 2008 hearing, pursuant to R.C. 2301.23, 

with the trial court herein. On July 23, 2012, the State filed a motion contra. 

{¶4} Via Journal Entry of August 9, 2012, the trial court denied Appellant's 

motion. 

{¶5} Appellant now appeals, assigning as error: 

{¶6} “I. THE TRIAL COURT DIRECTLY VIOLATED O.R.C. §2301.23 WHEN IT 

STATED TO APPELLANT’S COUNSEL THAT NO HEARING TOOK PLACE ON 

AUGUST 26, 2008. NO RECORD OF A HEARING EXISISTED [SIC] FOR AUGUST 

 

1

 A rendition of the underlying facts is unnecessary for our resolution of this appeal. 
Morgan County, Case No. 12AP008 3

26, 2008. THUS, NO TRANSCRIPT COULD BE MADE FOR A HEARING FOR 

AUGUST 26, 2008. 

{¶7} “II. THE TRIAL COURT DIRECTLY VIOLATED O.R.C. §149.43 WHEN IT 

REFUSED TO TURN OVER PUBLIC RECORDS THAT WERE REQUESTED, IN 

WRITING, FOR A HEARING THAT TOOK PLACE ON AUGUST 26, 2008. 

{¶8} “III. A WRIT OF MANDAMUS IS THE SOLE APPROPRIATE REMEDY 

FOR RECORDS VIOLATIONS MADE BY THE TRIAL COURT. 

{¶9} “IV. THE RECORD OF THE AUGUST 26, 2008 HEARING THAT 

SUPPORTS AND CONFERMS [SIC] TWO (2) ASSIGNMENTS OF ERRORS [SIC] 

FROM MY APPELLANT’S BRIEF FOR CASE NO. 09AP0001, MY INITIAL APPEAL AS 

OF RIGHT, ALSO BRINGS ONE (1) NEW ERROR MADE AT TRIAL LEVEL TO 

LIGHT.” 

I, II, III, & IV. 

{¶10} Initially, we note, Appellant's merit brief is entitled "Mandamus Complaint; 

Merit Brief of Relator." Appellant filed with this Court a Pro Se Motion of Billy J. Battle, 

Relator, Appellant, for Leave to Amend His Mandamus Complaint/Appeal. This Court 

via Judgment Entry of February 4, 2013, denied Appellant's motion finding Appellant 

was attempting to combine two actions: an appeal and a complaint for a writ of 

mandamus. This Court directed Appellant to comply with the local and civil rules for 

filing a complaint with appropriate instructions to the clerk, should Appellant desire to 

initiate an original action separate from the within appeal. Accordingly, this Court will 

address only those arguments relative to the appeal properly before this Court. 
Morgan County, Case No. 12AP008 4

{¶11} Appellant asserts the trial court erred in failing to provide the recording or 

now certify a transcription of the recording of the August 26, 2008 hearing for his 

appeal. 

{¶12} Appellant's only conceivable purpose in filing the motion with the trial court 

is for use in reopening his direct appeal. As set forth in the Statement of the Case 

above, this Court denied delayed appeal on April 19, 2012 and denied Appellant's 

motion for reopening via Judgment Entry of June 12, 2012. Accordingly, we find no 

error in the trial court's denial of Appellant's motion. 

{¶13} Appellant's assigned errors are overruled. 

{¶14} The August 9, 2012 Journal Entry of the Morgan County Court of Common 

Pleas is affirmed. 

By: Hoffman, P.J. 

Farmer, J. and 

Delaney, J. concur 

 s/ William B. Hoffman _________________

 HON. WILLIAM B. HOFFMAN 

 s/ Sheila G. Farmer __________________

 HON. SHEILA G. FARMER 

 s/ Patricia A. Delaney _________________

 HON. PATRICIA A. DELANEY 

 
Morgan County, Case No. 12AP008 5

IN THE COURT OF APPEALS FOR MORGAN COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

BILLY J. BATTLE : 

 : 

 Defendant-Appellant : Case No. 12AP008 

 For the reason stated in our accompanying Opinion, the August 9, 2012 Journal 

Entry of the Morgan 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/ Patricia A. Delaney _________________

 HON. PATRICIA A. DELANEY