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State v. Bains

Court of Appeals of Ohio, Eighth District

June 20, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
HARMEET S. BAINS DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-437308

ATTORNEYS FOR APPELLANT Margaret W. Wong Scott E. Bratton Margaret Wong & Associates Co., L.P.A.

ATTORNEYS FOR APPELLEE: Timothy J. McGinty Cuyahoga County Prosecutor, Kristen L. Sobieski Assistant Prosecuting Attorney The Justice Center

BEFORE: Celebrezze, J., Stewart, A.J., and Jones, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., JUDGE.

{¶ 1} Defendant-appellant, Harmeet S. Bains, appeals the trial court's denial of his motion to withdraw his guilty plea pursuant to R.C. 2953.21 and Crim.R. 32.1. After a careful review of the record and relevant case law, we affirm the trial court's judgement.

{¶ 2} Appellant is not a United States citizen, being a native and citizen of India. Appellant, however, obtained conditional permanent residency in the United States in 2000. In 2003, he was charged with deception to obtain a dangerous drug, which is a felony offense in Ohio pursuant to R.C. 2925.22.

{¶ 3} On August 25, 2003, appellant entered a guilty plea to attempted deception to obtain a dangerous drug, which is a misdemeanor. He was represented by counsel throughout the criminal proceedings. Prior to taking appellant's plea, the trial judge advised him as follows:

THE COURT: * * * [U]nder 2943.031, and I quote, if you are not a citizen of the United States, you are hereby advised that conviction of the offense to which you are pleading guilty may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
Upon request of the defendant, that's you, the Court shall allow him additional time to consider the appropriateness of the plea in light of the advisement described in this division.
All right: Now do you understand that you could be deported because of this?
THE APPELLANT: Yes, sir.
THE COURT: All right. Even though this is a misdemeanor? This is an attempted deception to ...

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