State v. Combs, 2007-P-0075 (8-15-2008)

OPINION

{¶ 1} Appellant, Timothy A. Combs, appeals the judgment of the Portage County Common Pleas Court denying his third motion to withdraw the guilty plea he entered in the underlying criminal proceeding. At issue is whether the assigned errors are barred by res judicata. For the reasons that follow, we affirm.

{¶ 2} On December 21, 2002, appellant was indicted on four counts of rape, felonies of the first degree, in violation of R.C. 2907.02(A)(1)(b). Each count of the indictment alleged that appellant had engaged in sexual conduct with an individual who was not his spouse and who was under…