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State v. Hill

Court of Appeals of Ohio, Seventh District

June 10, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ANTHONY MICHAEL HILL, DEFENDANT-APPELLANT.

Criminal Appeal from Common Pleas Court, Case No. 12CR5603.

For Plaintiff-Appellee: Attorney Donald Burns Prosecuting Attorney Attorney Steven Barnett Assistant Prosecuting Attorney

For Defendant-Appellant: Attorney Anthony Kaplanis

Hon. Joseph J. Vukovich Hon. Gene Donofrio Hon. Cheryl L. Waite

OPINION

VUKOVICH, J.

{¶1} Defendant-appellant Anthony Michael Hill appeals the decision of the Carroll County Common Pleas Court that denied his presentence motion to withdraw his guilty plea. The sole issue raised in this appeal is whether that decision constitutes an abuse of discretion. For the reasons expressed below, we hold that it did not and accordingly affirm the judgment of the trial court.

Statement of the Case

{¶2} Hill was indicted on January 4, 2012 for one count of attempted rape of a child less than thirteen years of age, in violation of R.C. 2923.02(A) and R.C. 2907.02(A)(1)(b), a second-degree felony. The indictment also contained the specification that Hill was sixteen years of age or older at the time of the commission of the offense.

{¶3} Hill originally entered a not guilty plea. 01/17/12 Plea. Later, he moved to change his plea to a not guilty by reason of insanity plea. 02/07/12 Motion. The trial court ordered an examination by the Forensic and Diagnostic Center of District Nine, Inc. 02/10/12 J.E. Following that examination it was determined that Hill was legally competent to stand trial. 03/29/12 J.E.

{¶4} Thereafter, Hill filed a motion to suppress the statements he made to police. The motion claimed that Hill is borderline mentally retarded and could not knowingly, intelligently, and voluntarily waive the Miranda rights. 05/03/12 Motion.

{¶5} Prior to a hearing on the suppression motion, the state and Hill reached a plea agreement and a change of plea hearing was held. The state agreed to nolle prosequi the specification in the indictment, to recommend a three year sentence, and that it would not oppose Hill being released on furlough while he awaited sentencing. 05/31/12 State's Nolle Prosequi Motion; 05/31/12 Plea Tr. 5-6. In exchange, Hill agreed to change his plea from not guilty to guilty to the sole count in the indictment (without the specification). Following a plea colloquy, the trial court accepted the guilty plea to attempted rape and granted the furlough request. 05/31/12 Plea Tr. 51-58.

{¶6} Sentencing occurred approximately two weeks later. At the start of the sentencing hearing, Hill orally moved to withdraw his guilty plea. 06/15/12 Sentencing Tr. 4. After an inquiry, the trial court denied the motion and proceeded to sentence Hill. 06/15/12 J.E. The trial court followed the state's recommended sentence and sentenced Hill to three years in prison. 06/15/12 J.E.

{¶7} Hill filed a timely appeal from his sentence and ...


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