State v. Banks

Thomas F. Bryant, Judge.

This appeal, submitted on the accelerated calendar, is being considered pursuant to App.R. 11.1(E) and Loc.R. 12. Pursuant to Loc.R. 12(5), we have elected to render decision by written opinion.

Defendant-appellant, David Banks, appeals from the judgment of the Crawford County Common Pleas Court denying his motion for postconviction relief. On November 13, 1989, appellant was sentenced to ten to twenty-five years incarceration on one count of rape, a violation of R.C. 2907.02.

On September 18, 1996, appellant filed a motion for postconviction relief based on Amended…