COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 66636 : STATE OF OHIO : : : JOURNAL ENTRY Plaintiff-Appellee : : and v. : : OPINION LOUIS G. DOSS : : : Defendant-Appellant : : : DATE OF ANNOUNCEMENT OF DECISION: JANUARY 30, 1997 CHARACTER OF PROCEEDING: Criminal appeal from Common Pleas Court Case No. CR-223858 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: __________________________ APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: STEPHANIE TUBBS JONES, ESQ. NANCY A. FUERST, ESQ. Cuyahoga County Prosecutor 330 Standard Building 1370 Ontario Street LISA R. WILLIAMSON, ESQ. Cleveland, Ohio 44113 SHERRY F. McCREARY, ESQ. Assistant County Prosecutors Louis G. Doss, pro se The Justice Center No. 204-038 1200 Ontario Street Grafton Correctional Inst. Cleveland, Ohio 44113 2500 South Avon Belden Road Grafton, Ohio 44044 - 2 - KARPINSKI, J.: Defendant-appellant Louis Doss appeals from the denial of his second petition for postconviction relief ("PCR Petition"). On January 19, 1988, defendant was indicted for the murder of Terrence Heard with an accompanying aggravated felony specification for a prior murder conviction. The matter proceeded to a bench trial. The evidence showed the victim was physically beaten and died from a ruptured brain aneurysm several days later while in the hospital for treatment. An assistant coroner provided opinion testimony during the course of trial that defendant caused the victim's death, but did not use the term "reasonable medical certainty." It was possible that the victim's aneurysm ruptured before defendant beat him. Defendant was ultimately convicted of the charge of felonious assault and sentenced on June 28, 1988. This court rejected, inter alia, defendant's claim that he was denied effective assistance of counsel and affirmed his conviction on direct appeal. State v. Doss (Feb. 12, 1990), Cuyahoga App. No. 56569, unreported. The Ohio Supreme Court denied further review. Defendant thereafter filed a series of post-trial motions, including a motion for new trial and two PCR Petitions. The trial court denied defendant's motion for a new trial based on "newly discovered evidence" from an alleged eyewitness to the incident in the residence defendant shared with the victim and others. The witness was known prior to, but was not called to - 3 - testify at, defendant's trial. This court affirmed the denial of defendant's motion for new trial. State v. Doss (Nov. 8, 1993), Cuyahoga App. No. 65414, unreported. Defendant filed his first PCR Petition on July 23, 1993. Defendant argued generally that he was improperly convicted of felonious assault. The trial court denied defendant's first PCR Petition and defendant did not appeal from the denial of this first PCR Petition. Defendant thereafter filed his second PCR Petition on October 8, 1993. Defendant argued the trial court improperly amended his indictment in the original trial and that he was denied effective assistance of trial counsel because counsel did not object to the amendment. The trial court denied defendant's second PCR Petition in an order journalized and mailed to defendant on November 16, 1993. Defendant subsequently filed the appeal sub judice. Defendant was appointed appellate counsel, and filed pro se two supplemental briefs. It is well established that a trial court is not required endlessly to entertain successive PCR Petitions. State v. Steffen (1994), 70 Ohio St.3d 399, 411; State ex rel. Workman v. McGrath (1988), 40 Ohio St.3d 91; State v. Williams (Jan. 29, 1996), Cuyahoga App. No. 68613, unreported. Furthermore, the record shows defendant's belated arguments are barred by the doctrine of res judicata. This court rejected defendant's claim of ineffective assistance of trial counsel in his prior direct appeal from his criminal conviction. State v. - 4 - Doss (Feb. 12, 1990), Cuyahoga App. No. 56569, unreported at pp. 9-10. Defendant's claim concerning the amendment of his indictment and the ineffectiveness of trial counsel from failing to object to the amendment were based on matters of record and should have been raised in his direct appeal. Accordingly, defendant's sole assignment of error is overruled. Judgment 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 Cuyahoga County Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. NAHRA, P.J., and LEO M. SPELLACY, J., CONCUR. DIANE KARPINSKI JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement .