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State v. Malone

Court of Appeals of Ohio, Ninth District

June 24, 2013

STATE OF OHIO, Appellee
v.
ERIC B. MALONE, Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 09CR078640

DENISE G. WILMS, Attorney at Law, for Appellant.

DENNIS P. WILL, Prosecuting Attorney, and NATASHA RUIZ GUERRIERI, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

JENNIFER HENSAL, Judge.

{¶1} Defendant-Appellant, Eric Malone, appeals from the judgment of the Lorain County Court of Common Pleas. This Court affirms.

I.

{¶2} On August 20, 2009, Eric Malone was indicted by the Lorain County Grand Jury on: (1) one count of aggravated burglary, a first degree felony, (2) gross sexual imposition, a third degree felony, and (3) assault, a first degree misdemeanor. At his arraignment, Malone entered a plea of not guilty to the charges. While the case was pending, he was indicted in case number 79566 on an unrelated robbery charge with a repeat violent offender specification. In the case subject to this appeal, the state amended the indictment dropping the gross sexual imposition charge. On February 17, 2010, Malone pled guilty to the remaining charges of aggravated burglary and assault. At the same hearing, he also pled guilty to the indictment in case number 79566.

{¶3} One sentencing hearing was held in both cases on June 11, 2010. The court sentenced Malone to four years in prison on the aggravated burglary charge and four months in prison on the assault charge. These sentences were to run concurrently, but consecutively and prior to his sentence of four years' incarceration in case number 79566. The court indicated that it was structuring the sentence in this manner so as to increase Malone's chance for early judicial release from prison.

{¶4} Malone filed a pro se motion to withdraw his guilty plea on December 27, 2011. The trial court denied his motion without a hearing. He filed a timely appeal of the trial court's decision, and raises two assignments of error for our review. For ease of analysis, this Court combines Malone's assignments of error.

II.

ASSIGNMENT OF ERROR I
THE TRIAL COURT ERRED IN OVERRULING MR. MALONE'S MOTION TO WITHDRAW HIS GUILTY PLEA.
ASSIGNMENT OF ERROR II
MR. MALONE WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHEN DEFENSE COUNSEL FAILED TO PROPERLY INFORM HIM OF THE STRENGTH OF THE STATE'S CASE AND TO ...

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