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State of Ohio v. Chad A. Staton

September 26, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
CHAD A. STATON,
DEFENDANT-APPELLANT.



Appeal from Defiance County Common Pleas Court Trial Court No. 10-CR-10755

The opinion of the court was delivered by: Willamowski, J.

Cite as State v. Staton,

OPINION

Judgment Affirmed

{¶1} Defendant-appellant Chad A. Staton ("Staton") brings this appeal from the judgment of the Court of Common Pleas of Defiance County denying his post-conviction motion to withdraw his guilty plea. For the reasons set forth below, the judgment is affirmed.

{¶2} On March 5, 2010, the Defiance County Grand Jury indicted Staton on one count of theft from an elderly person in violation of R.C. 2913.02(A)(1), a felony of the fifth degree. Staton entered a plea of not guilty to the charge on March 19, 2010. Pursuant to a plea agreement, Staton appeared before the trial court on August 16, 2010, to enter a plea of guilty. In exchange for the guilty plea, the State offered to recommend either a six month terminal sentence or twelve months reserved sentence with community control. Aug. 16, 2010, Tr. 2. The trial court accepted the guilty plea and ordered a pre-sentence investigation. Aug. 19, 2010, Entry. Before the sentencing hearing was held, Staton filed a motion to withdraw his guilty plea. The sentencing hearing was held on October 4, 2010. At that hearing, the trial court overruled the motion to withdraw the guilty plea and sentenced Staton to twelve months in prison. Staton filed a notice of appeal from this judgment on November 3, 2010. A post-sentence motion to withdraw the guilty plea was filed on December 27, 2010. On January 28, 2011, the appeal was voluntarily dismissed by Staton. The trial court held a hearing on the post-sentence motion to withdraw the guilty plea on March 29, 2011. The trial court then denied the motion. Staton appeals from that judgment and raises the following assignments of error.

First Assignment of Error

The trial court committed abuse of discretion in denying [Staton's] pre-sentence Motion to Withdraw Guilty Plea.

Second Assignment of Error

The trial court committed prejudicial error in denying [Staton's] post-sentence Motion to Withdraw Guilty Plea when it was shown by credible evidence that he received ineffective assistance of counsel.

Third Assignment of Error

The trial court committed abuse of discretion in denying the post-sentence Motion of [Staton] to Withdraw his Guilty Plea.

{¶3} In the first assignment of error, Staton alleges that the trial court erred in denying his pre-sentence motion to withdraw his guilty plea.

A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction ...


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