State v. Stewart, Unpublished Decision (9-5-2003)

DECISION AND JUDGMENT ENTRY

{¶ 1} Lawrence E. Stewart appeals the trial court's judgment denying his "motion for resentencing and new trial." He argues that the trial court should have held an evidentiary hearing. Because appellant did not timely file his motion for a new trial, the trial court was not required to hold an evidentiary hearing. Therefore, we affirm the trial court's judgment.

{¶ 2} In 1996, appellant was convicted of kidnapping, gross sexual imposition, and rape. In April of 2002, appellant filed a pro se "motion for resentencing and new trial." Appellant claimed: "There was…