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State Ofohio v. Joseph L. Wyrick

September 30, 2011

STATE OFOHIO PLAINTIFF-APPELLEE
v.
JOSEPH L. WYRICK DEFENDANT-APPELLANT



CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common Pleas, Case No. 10 CR I 07 0382

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

Cite as

State v. Wyrick,

JUDGMENT:

JUDGES: Hon. William B. Hoffman, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Affirmed

{¶1} Defendant-Appellant Joseph L. Wyrick appeals the March 22, 2011, Judgment Entry entered in the Delaware County Common Pleas Court denying his motion to withdraw his guilty plea.

{¶2} Plaintiff-Appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶3} On July 9, 2010, the Grand Jury of Delaware County returned a sixteen count indictment against Appellant Joseph L. Wyrick based on a series of home invasions conducted by Appellant in a continuing course of criminal conduct from June 17, 2010, to July 2, 2010. As a result, Appellant was charged with the following: one count of Burglary in violation of R.C. §2911.12(A)(2), being a felony of the second degree; two counts of Attempted Burglary in violation of R.C. §2923.02(A) as it relates to R.C. §2911.12(A)(2), being third degree felonies; one count of Receiving Stolen Property in violation of R.C. §2913.51(A), being a felony of the fourth degree; and one count of Having Weapons While Under Disability in violation of R. C. §2923.12(A)(2), being a felony of the third degree.

{¶4} On July 23, 2010, Appellant appeared before the Court for purposes of arraignment, where he pled not guilty to all counts, and a trial date of September 28, 2010, was established.

{¶5} On September 27, 2010, Appellant was transported to the trial court for a hearing on a motion to continue filed by his retained attorney, Linda Kendrick. (Plea T. at 2). Attorney Kendrick noted she was seeking to continue Appellant's trial because a fire destroyed "everything" in her office, and she was not prepared to go forward on the scheduled date. (Plea T. at 2-3). Attorney Kendrick then advised the trial court that she wished to withdraw as Appellant's attorney of record due to "a difference of opinion." (Plea T. at 3). At that time, however; Appellant informed Attorney Kendrick that he wanted to enter a guilty plea. (Plea T. at 4).

{¶6} The State then proceeded to orally enter the parties' agreement on the record. Id. Pursuant to negotiations, Appellant agreed to plead guilty to one count of Attempted Burglary and one count of Having Weapons While Under Disability, both being felonies of the third degree. (Plea T. at 4). In exchange, the State agreed to dismiss the three remaining charges. (Plea T. at 7).

{¶7} Attorney Kendrick then asked the trial court for time to review the plea paperwork with Appellant before allowing the hearing to continue. ld.

{¶8} After a brief recess, Appellant was placed under oath, at which time the trial court advised Appellant:

{¶9} "Mr. Wyrick, I'm gonna ask you some questions. If at anytime you don't understand anything, let me know, be happy to clarify it for you. I recognize this is important to you, I want to make sure that you're aware of everything going on. So will you do that?" (Plea T. at 5).

{¶10} Appellant then responded in the affirmative. Id.

{¶11} After speaking with Appellant, the trial court stated that it found Appellant to be "mature, alert, reasonably educated, not under the influence of alcohol or drugs, capable of understanding the proceedings here today." (Plea T. at 6).

{¶12} The trial court then discussed the content of the parties' Crim.R. 11 (F) negotiations. (Plea T. at 7). Appellant acknowledged that the plea paperwork was correct and further acknowledged the presence of his signature on the Crim.R. 11(F) agreement. Id.

{¶13} The trial court then proceeded to question Appellant about the two crimes for which he was entering pleas of guilty. (Plea T. at 10). Appellant admitted to attempting to open a sliding glass door and then trying to pry open a kitchen window screen for purposes of stealing items from within a Delaware County home. Id. Appellant also stated he was in possession of three firearms at the time of his arrest despite having two prior burglary convictions. (Plea T. at 11).

{ΒΆ14} Upon inquiry from the trial court, Appellant stated that he was entering his pleas voluntarily and further stated that he had the opportunity to review all the essential elements, possible defenses, and possible penalties with his attorney, Ms. Kendrick. (Plea T. at 12). Further, Appellant confirmed that Ms. Kendrick answered all his ...


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