State v. Fuller, C-070900 (9-19-2008)

DECISION.

{¶ 1} Petitioner-appellant Paul Fuller appeals the Hamilton County Common Pleas Court's judgment denying his petition for postconviction relief. Because the court erred in declining to entertain the petition, we reverse the court's judgment.

I. Procedural Posture

{¶ 2} Fuller was convicted in 2004 of aggravated trafficking in drugs. We dismissed his pro se appeal from his conviction. But in January of 2006, we granted his App. R. 26(B) motion to reopen his direct appeal.

{¶ 3} On March 10, 2006, the transcript of the trial proceedings was filed in the reopened appeal, 1 and on April 18,…