State v. Pinkerman

Peter B. Abele, Judge.

This is an appeal from a judgment entered by the Lawrence County Common Pleas Court dismissing a motion filed by Larry R. Pinkerman, defendant below and appellant herein, for leave to file a delayed motion for new trial pursuant to Crim.R. 33(B).

Appellant assigns the following error:

“The trial court erred to the prejudice of the appellant when it improperly denied appellant’s motion for leave to file a delayed motion for new trial pursuant to Crim.R. 33(B).”

On October 6,1978, the grand jury indicted appellant for aggravated murder in violation of R.C. 2901.02. On August…