State v. Staats, 2007-Ca-00264 (7-21-2008)

OPINION

{¶ 1} Appellant Gary Cyril Staats, pro se, appeals the decision of the Stark County Common Pleas Court which denied his "Motion for Change of Plea and Sentence Nunc Pro Tunc" and "Motion to Vacate Order of Restitution". For the following reasons, we affirm.

{¶ 2} On or about September 29, 2004 appellant was charged by indictment with two counts of breaking and entering in violation of R.C. 2911.13(A) and two counts of vandalism in violation of R.C. 2909.05(B)(1)(a). Each charge is a felony of the fifth degree. Appellant pled not guilty at arraignment.

{¶ 3} On January 5, 2005 Appellant…