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State v. Grant

Court of Appeals of Ohio, Tenth District

July 9, 2013

State of Ohio, Plaintiff-Appellee,
v.
Domanic J. Grant, Defendant-Appellant.

APPEALS from the Franklin County Court of Common Pleas. (C.P.C. Nos. 09CR-06-3364, 09CR-07-4034)

Ron O'Brien, Prosecuting Attorney, and Sheryl L. Prichard, for appellee.

Domanic J. Grant, pro se.

DECISION

SADLER, J.

{¶ 1} Defendant-appellant, Domanic J. Grant, appeals from a judgment of the Franklin County Court of Common Pleas denying his motion to withdraw guilty plea. For the reasons that follow, we affirm the judgment of the trial court.

I. BACKGROUND

{¶ 2} By way of indictment filed on June 8, 2009, appellant was indicted on one count of attempted rape, a second-degree felony, and one count of gross sexual imposition, a fourth-degree felony. On July 9, 2009, appellant was indicted in a separate indictment on one count of rape and one count of kidnapping, both first-degree felonies. On December 8, 2009, appellant entered pleas of guilty to gross sexual imposition, a fourth-degree felony, and rape, a first-degree felony. A nolle prosequi was entered as to the remaining counts in each case. The trial court ordered a presentence investigation report and the matter was scheduled for a sentencing hearing. On February 18, 2010, appellant was sentenced on both cases to an aggregate term of incarceration consisting of ten years and five months. A judgment entry reflecting such action was filed on February 25, 2010. No appeal was taken from said judgment.

{¶ 3} On March 21, 2012, appellant filed a Crim.R. 32.1 motion to withdraw guilty plea. Therein, appellant argued coercion, ineffective assistance of counsel, and that he was not competent at the time he entered his guilty pleas. The trial court denied appellant's motion finding no suggestion in the record that appellant lacked competency at the time he entered his guilty pleas. Additionally, the trial court found the record contained no mental health information suggesting anyone has "observed, or treated, any significant mental health issues in the last nearly two and a half years." (Entry, 3.)

II. ASSIGNMENT OF ERROR

{¶ 4} This appeal followed and appellant brings the following assignment of error for our review:

The trial court erred when it denied Appellant a competency hearing to determine if Appellant's guilty plea was entered voluntarily, knowingly and intelligently since Appellant was under the effects of psychotropic drugs.

III. DISCUSSION

{¶ 5} Crim.R. 32.1 provides:

A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction ...

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