State v. Blankenship, Unpublished Decision (9-7-2001)
State v. Blankenship, Unpublished Decision (9-7-2001)
Opinion of the Court
The following procedural history is determinative of this appeal. On February 28, 2000, appellant was charged with underage purchase of a firearm or handgun, in violation of R.C.
On May 23, 2000, a hearing was held on appellant's motion to suppress certain evidence retrieved as a result of a warrantless search of his vehicle. While still on the record, the trial court upheld the validity of the search and denied appellant's motion to suppress.
Thereafter, a pre-trial report was filed on August 1, 2000, indicating that appellant agreed to plead no contest to the drug abuse charge, in violation of R.C.
From this judgment, appellant filed a notice of appeal asserting a single assignment of error for our consideration pertaining to the denial of his motion to suppress. However, before we may address the merits of appellant's assignment of error, we must make an initial determination as to whether appellant entered a plea of guilty or a plea of no contest in this case.
As to this point, appellant submits that pursuant to a plea agreement, he entered a plea of no contest to the charge of drug abuse. However, appellant failed to provide a transcript of the August 1, 2000 plea hearing to substantiate his claim that he entered such a plea.1 See,e.g., State v. Jackson (Mar. 31, 2000), Trumbull App. No. 98-T-0182, unreported, 2000 WL 522440, at 4.
Further, while the pre-trial report and the trial court's August 1, 2000 judgment entry conflict, it is axiomatic that a trial court only
speaks through its judgment entries. Hairston v. Seidner (2000),
Consequently, unlike a plea of no contest, a plea of guilty operates as a waiver of any error of the trial court concerning the suppression of evidence. State v. Elliott (1993),
As a final note, it should be emphasized that this court is not passing judgment on the correctness of the trial court's determination with respect to the denial of appellant's motion to suppress. Rather, we hold only that appellant's plea of guilty precludes this court from addressing the merits of his motion.
Based on the foregoing analysis, the judgment of the trial court is hereby affirmed.
___________________________________ JUDGE JUDITH A. CHRISTLEY
FORD, P.J., NADER, J., concur.
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