Court of Appeals of Ohio, Fourth District, Scioto County February 1, 2018, No. 17CA3806 (State v. Gavin)

Harsha, J.

*375{¶ 1} Ronald E. Gavin appeals the judgment denying his motion for leave to file a motion for new trial based on newly discovered evidence. First Gavin asserts that the trial court erred by denying his motion without conducting an evidentiary hearing. Gavin was aware of the existence of some of the grounds supporting his delayed motion for new trial before his trial.