[Cite as State v. Kubico, 2016-Ohio-5066.]
COURT OF APPEALS
GUERNSEY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P.J.
Plaintiff-Appellee Hon. John W. Wise, J.
Hon. Craig R. Baldwin, J.
-vs-
Case No. 15 CA 28
PHILIP KUBICO
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Guernsey County Court of
Common Pleas
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: July 21, 2016
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
DANIEL G. PADDEN PHILIP J. KUBICO, PRO SE
Guernsey County Prosecuting Attorney #A286939
139 West 8th Street F.M.C. Z-B 1-205 A4
P.O. Box 640 1800 Harmon Ave.
Cambridge, Ohio 43725 Columbus, Ohio 43223
Guernsey County, Case No. 15 CA 28 2
Hoffman, P.J.
{¶1} Defendant-appellant Philip J. Kubico appeals the November 18, 2015
Judgment Entry entered by the Guernsey County Court of Common Pleas, denying
various motions relative to his criminal convictions and his motion for bond. Plaintiff-
appellee is the state of Ohio.
STATEMENT OF THE CASE
{¶2} On March 10, 1993, Appellant was indicted by the Guernsey County Grand
Jury on twenty-four counts of sexually related offenses involving his two minor children.
On January 4, 1994, Appellant entered a plea of guilty to the following: Count Ten, rape,
a felony of the first degree; Count Twelve, rape, a felony of the first degree; and Count
Twenty-three, gross sexual imposition, a felony of the third degree. All other counts were
dismissed. Appellant was sentenced to an indefinite term of five to twenty-five years in
prison on Counts Ten and Twelve, and a two year sentence on Count Twenty-three, all
terms to be served concurrently.
{¶3} Appellant has filed various motions for documents and transcripts related to
his criminal convictions. Also, on September 25, 2015, Appellant filed a motion for bond
with the trial court.
{¶4} Via Judgment Entry of November 18, 2015, the trial court denied the various
motions and Appellant’s motion for bond.
{¶5} On December 7, 2015, Appellant filed a request for leave to file “delay of
appeal” with this Court. Appellant stated he had newly discovered evidence, believed his
rights were violated and he is being unlawfully incarcerated. Appellant made claims of
Guernsey County, Case No. 15 CA 28 3
ineffective assistance of counsel, and prosecutorial misconduct. Appellant sought leave
to appeal the trial court’s entry dated January 7, 1994.
{¶6} Via Judgment Entry of January 19, 2016, this Court denied Appellant’s
motion for “Request for Leave to File Delay of Appeal.” However, this Court found
Appellant’s appeal filed on December 7, 2015, would be timely as to the trial court’s
November 18, 2015 Judgment Entry, and allowed Appellant’s appeal to proceed as to
any errors in that entry only.
{¶7} Appellant assigns as error:
{¶8} “I. DELIBERATE INDIFFERENCE.”
{¶9} “II. DELIBERATE INDIFFERENCE. INAFFECTIVE [SIC] ASSISTANCE OF
COUNSEL.
{¶10} “III. APPELLANT WAS NOT ADVISED OF HIS RIGHT TO APPEAL.”
I, II, III.
{¶11} Upon review of Appellant’s assigned errors, we find the same do not relate
to the November 18, 2015 Judgment Entry; Appellant’s request for documents and
transcripts; or his request for bond. Rather, the arguments challenge Appellant’s
underlying convictions and the trial court’s January 4, 1994 Judgment Entry. Accordingly,
we find Appellant’s assignments of error barred by the doctrine of res judicata as they
were capable of being raised on direct appeal.
{¶12} Appellant’s first, second, and third assignments of error are overruled.
Guernsey County, Case No. 15 CA 28 4
{¶13} The November 18, 2015 Judgment Entry of the Guernsey County Court of
Common Pleas is affirmed.
By: Hoffman, P.J.
Wise, J. and
Baldwin, J. concur
State v. Kubico
Combined Opinion