State v. Roberson, Unpublished Decision (11-15-1999)
State v. Roberson, Unpublished Decision (11-15-1999)
State v. Roberson, Unpublished Decision (11-15-1999)
Opinion of the Court
OPINION
Appellant Anthony Roberson appeals the decision of the Stark County Court of Common Pleas that denied his motion to withdraw his guilty plea. The following facts give rise to this appeal. On August 6, 1992, the Stark County Grand Jury secretly indicted appellant on two counts of aggravated trafficking. Prior to these charges, on November 1, 1991, the Stark County Grand Jury indicted appellant on one count of drug abuse and one count of driving under suspension. On August 13, 1992, appellant pled guilty to these charges and the trial court sentenced him to a determinate term of six months. On January 26, 1993, appellant appeared for trial on the two counts of aggravated trafficking. During a pre-trial hearing, appellant moved to dismiss the charges on speedy trial grounds. The trial court denied the motion. Appellant's trial commenced and during the jury voir dire process, appellant requested a continuance in order to obtain new counsel. The trial court granted appellant's request. Thereafter, on February 24, 1993, appellant appeared with new counsel and pled guilty to the charges. The trial court sentenced appellant to an indeterminate term of six to twenty-five years, with five years actual incarceration for count one and a concurrent indeterminate term of three to fifteen years, with three years actual incarceration for count two. While this matter was still pending before the trial court, on January 22, 1993, the State of Ohio filed a complaint for forfeiture of money and a 1983 Chevy Blazer. On June 17, 1993, the trial court granted the state's request for forfeiture. Appellant appealed this decision and we dismissed the forfeiture action as being untimely. On August 27, 1998, appellant filed a motion to withdraw his guilty plea pursuant to Crim.R. 32.1. The trial court denied appellant's motion on September 21, 1998. Appellant appealed the trial court's decision and sets forth the following assignment of error for our consideration:I. THE TRIAL COURT ABUSED ITS DISCRETION BY SUMMARILY DENYING DEFENDANT-APPELLANT'S MOTION TO WITHDRAW HIS PLEA.
For the foregoing reasons, the judgment of the Court of Common Ple2-4 as, Stark County, Ohio, is hereby affirmed.
By: Wise, P.J. Hoffman, J., and Edwards, J., concur.
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