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State v. Bailey

Court of Appeals of Ohio, Fifth District

June 28, 2013

STATE OF OHIO Plaintiff-Appellee
v.
MATTHEW W. BAILEY Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 2012 CR 00459(A)

For Plaintiff-Appellee JOHN D. FERRERO PROSECUTING ATTORNEY

For Defendant-Appellant EUGENE O'BYRNE RENEE M. WATSON ASSISTANT PROSECUTOR

Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Wise, P. J.

{¶1} Appellant Matthew W. Bailey appeals the decision of the Stark County Court of Common Pleas denying his motion to withdraw his guilty pleas.

{¶2} Appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶3} On April 24, 2012, Appellant, Matthew W. Bailey, was indicted by the Stark County Grand Jury on one count of Felonious Assault, in violation of R.C. §2903.11 (A)(2), a second degree felony with a firearm specification pursuant to R.C. §2941.145; one count of Illegal Cultivation of Marijuana, in violation of R.C. §2925.04(A)(C)(5)(D), a second degree felony; and four counts of Endangering Children, in violation of R.C. §2919.22(B)(6), third degree felonies.

{¶4} These charges arose out of an incident which occurred on March 3, 2012. Two co-defendants, Jessica Brown and Rhonda Bailey were also charged as result of the events which occurred on March 3, 2012.[1]

{¶5} On July 17, 2012, Appellant changed his plea to guilty to all indicted charges. The trial court ordered a presentence investigation and set sentencing for August 13, 2012.

{¶6} Appellant subsequently hired new counsel and on August 10, 2012, Appellant filed a Motion to Withdraw Plea with the trial court. In said motion, Appellant argued that he should be permitted to withdraw his pleas because he did not have the benefit of his own independent legal counsel when he entered his pleas and allegedly did not understand the ramifications of his pleas.

{¶7} The presentence investigation hearing was continued from August 13, 2012 to August 20, 2012. The trial court then scheduled the presentence investigation hearing to August 27, 2012, and also set hearing on Appellant's Motion to Withdraw for the same day.

{¶8} On August 27, 2012, the trial court held a hearing on Appellant's motion to withdraw guilty pleas. During the hearing, counsel for Appellant advised the trial court that Appellant had no issues with Attorney Pitinii's representation, that he had done nothing to jeopardize Appellant's rights and that "everything was fine" in regard to their attorney-client relationship. (T. 3-8). Appellant, through counsel, argued that while Appellant was not challenging the drug charges, he did want to challenge the charge of ...


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