State v. Thompson, Unpublished Decision (12-12-2002) ( 2002 )

JOURNAL ENTRY and OPINION {¶ 1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1, the record from the lower court, the briefs and the oral arguments of counsel. The purpose of an accelerated docket is to allow an appellate court to render a brief and conclusory decision. Crawford v. Eastland Shopping Mall Assn. (1983),11 Ohio App.3d 158.

{¶ 2} Appellant urges that the common pleas court erred when it dismissed his petition for post conviction relief. The petition alleged that appellant was denied the effective assistance of counsel because his attorney did not move to dismiss the charges against him for failure to provide a speedy trial. The only evidence attached to the petition was a copy of the transcript from a community control violation hearing held on October 23, 2000 in another case against appellant, and a copy of the docket from that case.

Appellant failed to meet his "`initial burden to submit evidentiary documents containing sufficient operative facts to demonstrate the lack of competent counsel and that the defense was prejudiced by counsel's ineffectiveness.'" State v. Calhoun (1999), 86 Ohio St.3d 279, 283 (quoting State v. Jackson (1980), 64 Ohio St.2d 107, syllabus). Therefore, the court properly denied his petition.

Affirmed.

It is ordered that appellee recover of appellant its costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

ANN DYKE, J. and JAMES J. SWEENEY, J. CONCUR

N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1).