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State v. Sams

Court of Appeals of Ohio, Fifth District

June 21, 2013

STATE OF OHIO, CITY OF MANSFIELD Plaintiff-Appellee
v.
FREDDIE A. SAMS Defendant-Appellant

Appeal from the Mansfield Municipal Court, Case No. 2012CRB01351

For Plaintiff-Appellee: MICHAEL J. KEMERER ASSISTANT LAW DIRECTOR CITY OF MANSFIELD.

For Defendant-Appellant: RANDALL E. FRY.

JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Delaney, J.

{¶1} Appellant Freddie A. Sams appeals from the September 19, 2012 journal entry and sentencing order of the Mansfield Municipal Court. Appellee is the City of Mansfield.

FACTS AND PROCEDURAL HISTORY

{¶2} Appellant was charged with one count of assault pursuant to City of Mansfield Ordinance No. 537.03, a misdemeanor of the first degree, on March 16, 2012. The complaint states appellant did knowingly cause or attempt to cause physical harm to Mary Boyd on February 23, 2012.

{¶3} The record reflects that on September 6, 2012, appellant appeared before the trial court and entered a plea of guilty to an amended charge of disorderly conduct pursuant to City of Mansfield Ordinance 509.03(A), a misdemeanor of the fourth degree.

{¶4} On September 17, 2012, appellant filed a motion to withdraw his guilty plea.

{¶5} On September 18, 2012, appellant appeared before the trial court to address the motion to withdraw his guilty plea. Appellant's counsel stated the woman involved was never appellant's girlfriend; appellant said he didn't understand the consequences of his plea and was trying to relocate. The trial court denied appellant's motion to withdraw his plea and sentenced him to a suspended jail term of 30 days, one year of intensive supervision, and completion of the DOVE program.

{¶6} Appellant now appeals from the September 19, 2012 judgment entry and sentencing order of the trial court.

ASSIGNMENT OF ERROR

{ΒΆ7} I. "THE TRIAL COURT ERRED IN NOT GRANTING THE DEFENDANT-APPELLANT'S 'MOTION TO ...


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