State v. Parks, Unpublished Decision (12-2-2005)
State v. Parks, Unpublished Decision (12-2-2005)
Opinion of the Court
{¶ 2} Mr. Parks' first assignment of error is as follows:
{¶ 3} "THE COURT ABUSED ITS DISCRETION IN REFUSING MR. PARKS THE OPPORTUNITY TO WITHDRAW HIS GUILTY PLEAS PRIOR TO SENTENCING"
{¶ 4} Crim. R. 32.1 governs withdrawal of a guilty plea and provides that a "motion to withdraw a guilty plea * * * may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his * * * plea." We review the trial court's decision under an abuse of discretion standard of review. State v. McCann (1997),
{¶ 5} Mr. Parks was represented by highly competent counsel at the time of his plea. While he failed to include a transcript of his plea hearing in the record on appeal, the testimony given at the hearing on the motion to withdraw his plea demonstrates that he received a full plea hearing in accordance with Crim.R. 11, and regularity must be presumed with no evidence to the contrary. The court gave Mr. Parks a complete and impartial hearing on his motion to withdraw his plea, and the court gave full and fair consideration to the motion to withdraw. Mr. Parks testified that the charges and their accompanying potential sentences were explained to him, he said he did not enter his plea in exchange for promises or in response to threats, and he testified that he indicated to the trial court that he understood the proceedings. His subsequent change of heart is not a legitimate basis for the withdrawal of his pleas. Because the trial court did not abuse its discretion in overruling Mr. Parks' motion to withdraw his plea, Mr. Parks first assignment of error is overruled.
{¶ 6} Mr. Park's second assignment of error is as follows:
{¶ 7} "THE COURT ABUSED ITS DISCRETION IN ITS IMPOSITION OF SENTENCE"
{¶ 8} Mr. Parks argues that the sentence the trial court imposed is excessive.
{¶ 9} Regarding sentencing, "this court has already held that an abuse of discretion claim is not a proper ground for appeal, or a matter for which the statute permits appellate review."State v. Johnson, Montgomery App. No. 20597,
Wolff, J. and Fain, J., concur.
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