State v. McIntosh, Unpublished Decision (3-31-1999)
State v. McIntosh, Unpublished Decision (3-31-1999)
Opinion of the Court
On November 14, 1997, appellant, Lendion B. McIntosh, pled no contest and was found guilty of a violation of R.C.
On July, 20, 1998, the day appellant's sentence was to commence, pursuant to Crim.R. 32.1, he moved to set aside his plea. Appellant contended he had not understood its consequences. Following a hearing, the trial court denied the motion. Appellant now appeals that decision.
Pursuant to 6th Dist. Loc. App. R. 12(C), we sua sponte transfer this matter to our accelerated docket and, hereby, render our decision.
A trial court, in its discretion, may set aside a plea after sentencing to "* * * correct manifest injustice * * *." The burden is on the movant to show manifest injustice. State v.Smith (1977),
Appellant and his family testified that appellant is dyslexic and could not understand the plea proceedings. The court weighed this testimony against appellant's written waiver and admitted presence during the oral explanation of his rights. The court found appellant's professed lack of understanding not credible. Additionally, the court found unproven appellant's allegations of misconduct by his initial trial counsel.
We have carefully reviewed the record of this matter and conclude that the trial court acted within its discretion in denying appellant's motion to set aside his plea. Accordingly, appellant's sole assignment of error is not well taken.
The judgment of the Sylvania Municipal Court is affirmed. Costs to appellant.
James R. Sherck, J. Melvin L. Resnick, J. Richard W. Knepper, J.
CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.