State v. Butler, 06 Je 37 (4-25-2007)

OPINION

{¶ 1} This appeal comes for consideration upon the record in the trial court and the parties' briefs. Appellant, Raphael Butler, appeals the decision of the Jefferson County Court of Common Pleas convicting him of one count of burglary, two counts of aggravated robbery, and brandishment of a firearm during the commission of these offenses and resentencing him to fifteen years imprisonment. Because Butler's Motion to Resentence was in actuality an untimely motion for post-conviction relief, Butler's motion had to meet the standards set forth in R.C. 2953.23(A). Because his motion did…