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State v. Sebestyen

Court of Appeals of Ohio, Ninth District

June 24, 2013

STATE OF OHIO, Appellee
v.
TIBOR C. SEBESTYEN, Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF MEDINA, OHIO CASE No. 08CR0315

SEAN BUCHANAN, Attorney at Law, for Appellant.

DEAN HOLMAN, Prosecuting Attorney, and MATTHEW A. KERN, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

CARR, Judge.

{¶1} Appellant, Tibor Sebestyen, appeals the judgment of the Medina County Court of Common Pleas denying his motion to withdraw his plea. This Court affirms.

I.

{¶2} On August 13, 2008, the Medina County Grand Jury returned an indictment charging Sebestyen with one count of rape of a minor under the age of ten. On October 8, 2008, the grand jury returned a supplemental indictment charging Sebestyen with 69 additional offenses, including 21 counts of rape, one count of gross sexual imposition, and 47 counts of pandering obscenity of a minor.

{¶3} After initially pleading not guilty to the charges, Sebestyen appeared in court with his attorney on January 9, 2009, for a change of plea hearing. The State dismissed the count of rape of a minor under the age of ten set forth in count one of the indictment. Sebestyen pleaded guilty to the remaining 69 counts in the indictment, and the trial court accepted his guilty pleas. Sebestyen was sentenced to 55 years to life imprisonment, and classified as a Tier III sex offender. The trial court issued its sentencing entry on March 30, 2009. Sebestyen did not file a timely appeal.

{¶4} More than two years later, on December 19, 2011, Sebestyen filed a motion to withdraw his plea. The State did not file a response to the motion. The trial court subsequently issued a journal entry denying the motion on June 1, 2012. Sebestyen filed a notice of appeal on June 18, 2012.

{¶5} We note that on July 5, 2012, after Sebestyen had filed his notice of appeal from the trial court's denial of his motion to withdraw his plea, he also filed a motion for leave to a file a delayed appeal from the original sentencing entry issued on March 30, 2009. This court issued a journal entry dismissing the appeal on July 20, 2012, concluding that Sebestyen had provided insufficient reasons to justify the three-year delay.

{¶6} In the instant appeal relating to the trial court's denial of the motion to withdraw his pleas, Sebestyen raises two assignments of error.

II.

ASSIGNMENT OF ERROR I
THE COURT ERRED BY NOT HAVING A FULL EVIDENTIARY HEARING ON THE MOTION TO ...

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