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State of Ohio v. Anca andreias

September 30, 2011

STATE OF OHIO APPELLEE
v.
ANCA ANDREIAS APPELLANT



Trial Court No. 2006-CR-042

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

DECISION AND JUDGMENT

{¶1} This is an appeal from a judgment of the Eric County Court of Common Pleas that denied appellant's 2010 motion to vacate the guilty plea she entered in 2006 to an amended count of attempted theft. For the following reasons, the judgment of the trial court is affirmed.

{¶2} Appellant, Anca Andreias, sets forth three assignments of error:

{¶3} I. "THE TRIAL COURT ERRED WHEN IT DID NOT PERMIT THE DEFENDANT'S GUILTY PLEA TO BE VACATED PURSUANT TO OHIO CRIMINAL RULE 32.1 AS HER CRIMINAL ATTORNEY'S CONDUCT CONSTITUTES INEFFECTIVE ASSISTANCE OF COUNSEL UNDER THE TWOPRONG STRICKLAND TEST."

{¶4} II. "THE TRIAL COURT ERRED BY FAILING TO HOLD AN

EVIDENTIARY HEARING ON APPELLANT'S MOTION TO WITHDRAW HER GUILTY PLEA AND VACATE HER CONVICTION PURSUANT TO OHIO CRIMINAL RULE 32.1 DESPITE APPELLANT'S CLEAR AND UNEQUIVOCAL REQUEST."

{¶5} III. "THE TRIAL COURT ERRED BY FAILING TO STATE CONCLUSIONS OF FACT AND LAW WHEN IT DENIED APPELLANT'S

MOTIONS TO WITHDRAW HER GUILTY PLEA AND VACATE CONVICTION PURSUANT TO OHIO CRIMINAL RULE 32.1"

{¶6} The following undisputed facts are relevant to the issues raised upon appeal. On June 5, 2006, in conjunction with a negotiated and amended plea, appellant was found guilty of one count of attempted theft, in violation of R.C. 2913.02 and 2923.02.

{¶7} On December 11, 2006, appellant was sentenced to six months in the Erie County Jail. The trial court suspended the six month sentence and placed appellant on community control for a period of eighteen months. The trial court entered the sentencing judgment on December 26, 2006.

{¶8} On December 18, 2007, appellant was discharged from community control due to satisfactory compliance with the terms and conditions of her sanctions. On October 21, 2010, four years after the plea was entered and three years after probation was terminated, appellant submitted a motion to withdrawal her guilty plea and vacate her conviction pursuant to Crim.R. 32.1. The trial court denied the motion without a hearing and filed its judgment entry on November 22, 2010.

{ΒΆ9} In her first assignment of error, appellant contends that the trial court erred in denying her motion to vacate her guilty plea because the injustice suffered by appellant was her trial attorney's ineffective assistance of counsel. Further the appellant argues that her trial attorney failed to properly ...


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