State v. Vincer, Unpublished Decision (12-15-2003)
State v. Vincer, Unpublished Decision (12-15-2003)
Opinion of the Court
{¶ 2} Vincer was indicted on five counts of assault and one count of felonious assault as a result of a number of incidents at the Multi-County Corrections Center while he was incarcerated as a fugitive from justice and awaiting extradition to Arkansas. Thereafter, on October 4, 2002, pursuant to a plea agreement, Vincer pled guilty to three counts of assault and one count of felonious assault in exchange for receiving an eight year sentence and an agreement that the state of Arkansas would not seek extradition and would nolle felony charges pending against him. The trial court conducted a Crim.R. 11 colloquy with Vincer, accepted his pleas, and sentenced him to a term of eight years with the Ohio Department of Rehabilitation and Correction.
{¶ 3} Three days later, on October 7, 2002, Vincer, pro se, filed a motion to withdraw his pleas of guilty. This motion was denied on October 28, 2002. On that same date, Vincer filed his notice of appeal of the October 4, 2002 judgment of conviction and sentence. This appeal was assigned case No. 9-02-56. Although Vincer filed his pro se brief in that appeal, he was later appointed counsel. In addition, Vincer also filed a notice of appeal as to the trial court's October 28, 2002 judgment overruling his motion to withdraw his guilty pleas. This appeal was assigned case No. 9-02-64, and counsel for Vincer's first appeal was likewise appointed to his second appeal. This court also consolidated these two appeals, and counsel for Vincer filed a brief in both these appeals that asserted that Vincer's pleas were not entered knowingly, voluntarily and intelligently. However, counsel for Vincer also filed a motion requesting that he be granted leave of court to withdraw as appellate counsel, pursuant to Anders v. California (1967),
{¶ 4} In the interim, Vincer filed a petition for post-conviction relief, pursuant to R.C.
The Court erred in not giving written findings of fact or Conclusionsof Law. The Court Erred in not furnishing Vincer with a full transcript todetermine appealable issues and also supply the Record on Appeal. Court-Appointed Counsel was ineffective and failed to properlyinvestigate Vincer's claims, did not investigate the claims at all. Courtused his opinion in issuing their order to deny Vincer relief prejudicingVincer. His motion to withdraw left Vincer pro-se again.
{¶ 6} In the case sub judice, Vincer maintains that the trial court did not file findings of fact and conclusions of law as required. We disagree. Based upon the statements contained within the trial court's judgment entry regarding Vincer's post-conviction relief petition, we find that the trial court made the mandatory findings of fact and conclusions of law in support of its dismissal of the petition. Specifically, the trial judge noted that he was the same judge that presided at the change of plea and sentencing hearing. Further, the court stated,
the court had a colloquy with the defendant, and was thoroughlyconvinced that the defendant knew what was happening, the defendantunderstood the proceedings, that the defendant understood the extrememeasures his counsel had taken to gain the best possible negotiatedsentence for the defendant, including the fact that the Ohio pleas wouldresolve criminal matters then pending in the state of [Texas].1
The court also found that it was satisfied with Vincer's mental status and the competency of his counsel during this hearing. Moreover, the other matters referenced by Vincer as rendering his sentence void or voidable have previously been determined by this court to be frivolous. See State v. Vincer (Oct. 14, 2003), Marion App. No. 9-02-56; State v.Vincer (Oct. 17, 2003), Marion App. No. 9-02-64. Accordingly, the trial court did not err, as it provided sufficient findings of fact and conclusions of law in denying the relief requested by Vincer, and the first assignment of error is overruled.
{¶ 8} For these reasons, the judgment of the Common Pleas Court of Marion County, Ohio, is affirmed.
Judgment affirmed.
Walters and Cupp, J.J., concur.
Reference
- Full Case Name
- State of Ohio v. John Vincer
- Cited By
- 2 cases
- Status
- Unpublished