State v. Wilson, 21738 (9-21-2007)

OPINION

{¶ 1} Defendant-appellant Lawrence E. Wilson appeals from an order dismissing his petition for post-conviction relief on the grounds that it was untimely. In July, 2006, Wilson filed a petition for post-conviction relief, contending that the original judgment entry is void ab initio and should be vacated. The crux of Wilson's petition is that the original indictment is defective, divesting the trial court of subject-matter jurisdiction over his case. The State contends that the trial court lacked jurisdiction to hear the petition because of its untimeliness. The trial court agreed with…