COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69560 STATE OF OHIO : : Plaintiff-Appellee : : JOURNAL ENTRY -vs- : AND : OPINION TERRY LARSON : : Defendant-Appellant : : DATE OF ANNOUNCEMENT OF DECISION: MAY 9, 1996 CHARACTER OF PROCEEDING: CIVIL APPEAL FROM THE COMMON PLEAS COURT CASE NO. CR-268344(B) JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: STEPHANIE TUBBS JONES Cuyahoga County Prosecutor BY: KAREN L. JOHNSON (#0025937) Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: TERRY LARSON #A243-147, pro se Mansfield Correctional Inst. 1150 North Main Street P.O. Box 788 Mansfield, Ohio 44901 - 2 - SPELLACY, C.J.: Terry Larson ("appellant") is appealing from a decision and order of the Common Pleas Court of Cuyahoga County overruling appellant's postconviction petition to vacate and set aside his conviction and sentence. Appellant raises the following assignments of error for our review: I. MISCONDUCT OF THE PROSECUTOR, RESULTING IN A DENIAL OF PETITIONER'S RIGHT TO DUE PROCESS, AND EQUAL PROTECTION, GUARANTEED BY THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITU- TION, AND BY ARTICLE ONE, SECTIONS TEN AND SIXTEEN OF THE OHIO CONSTITUTIONS. II. INEFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL, IN VIOLATION OF PETITIONER'S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL, GUARANTEED BY THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AND BY ARTICLE ONE, SECTIONS TEN AND SIXTEEN OF THE OHIO CONSTITUTION. Finding that appellant's appeal lacks merit, the judgment of the trial court is affirmed. I. Following a jury trial in December 1991, appellant was found guilty on four counts of rape, each with an aggravated felony specification; one count of gross sexual imposition with a violence specification; and one count of kidnapping with a violence specification and an aggravated felony specification. Appellant filed a timely appeal and each conviction was affirmed by this - 3 - court in State v. Larson (November 22, 1993), Cuyahoga App. No. 63001, unreported. On August 18, 1994, appellant filed with the trial court a postconviction petition to vacate and set aside sentence pursuant to O.R.C. 2953.21. The trial court overruled appellant's petition on September 19, 1994. II. Appellant's first and second assignments of error will be addressed together. In the case sub judice appellant contends that the prosecutor's failure to disclose evidence that the state's chief witness and victim of the crime, Lourdes Laureano, had a pending arrest warrant for solicitation constituted prosecutorial misconduct. Further, appellant asserts that trial counsel also erred in failing to produce evidence that Laureano had a pending arrest warrant for solicitation. On appeal, this court directly addressed appellant's concerns regarding Laureano's pending arrest warrant for solicitation. State v. Larson (November 22, 1993), Cuyahoga App. No. 63001, unreported. In particular, this court stated: We also reject Larson's argument that trial counsel erred in failing to produce evidence that Laureano had a pending arrest warrant for solicitation. The date of the warrant was nearly five months after the date Laureano was raped. It was irrelevant as to whether she was a prostitute on the date of the rape. In addition, the existence of the warrant would not have been admissible for impeachment purposes since Evid.R. 609 provides that only convictions may be used for impeachment purposes. It also could not have been admitted as evidence that - 4 - Laureano had a reputation as a prostitute. R.C. 2709.02 (D) specifically precludes that use of reputation evidence of the victim's sexual activity unless it pertains to the origin of semen, pregnancy, or disease or the victim's past sexual relationship with the offender. * * * Since the arrest warrant could not have been properly used for any purpose at trial, trial counsel did not err in failing to produce information about it. Larson, at 17. We affirm the decision of the trial court based on the doctrine of res judicata as set forth by the court in State v. Phillips, (1993), 88 Ohio App.3d 409. The Phillips court, following the general rule set forth in State v. Perry (1967), 10 Ohio St.2d 175, stated: "Under the doctrine of res judicata, a final judgment of conviction bars a convicted defendant who was represented by counsel from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment." Phillips, 88 Ohio App.3d at 411, citing Perry, 10 Ohio St.2d at paragraph nine of the syllabus. Appellant, on appeal, specifically raised and argued the issue of Laureano's outstanding arrest warrant. This court overruled that assignment of error based on Evid.R. 609 which provides that only convictions may be used for impeachment purposes; and R.C. 2709.02 (D) which specifically precludes the use of reputation evidence of a victim's sexual activity. Basing our decision on the doctrine of res judicata, we find appellant's appeal lacks merit. The judgment of the trial court is affirmed. - 5 - It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES D. SWEENEY, J. and JAMES M. PORTER, J. CONCUR. LEO M. SPELLACY CHIEF JUSTICE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time .