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State v. Jeffery

Court of Appeals of Ohio, Ninth District

July 10, 2013

STATE OF OHIO, Appellee
v.
DEMETRIUS J. JEFFERY, Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 11 05 1384

SHUBHRA N. AGARWAL, Attorney at Law, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

EVE V. BELFANCE, Presiding Judge.

FOR THE COURT

{¶1} Demetrius Jeffery appeals from his convictions for burglary and domestic violence. For the reasons set forth below, we reverse.

I.

{¶2} Mr. Jeffery was indicted on May 31, 2011, on an 11-count indictment. On June 14, 2011, Mr. Jeffery pleaded guilty to burglary and domestic violence, and the remaining counts in the indictment were dismissed. The trial court reduced Mr. Jeffery's bond to a $10, 000 signature bond so that Mr. Jeffery could attend the funerals of his sister and daughter. As a condition of his bond, Mr. Jeffery was placed on electronic monitoring; however, it was subsequently determined electronic monitoring was unavailable because he lacked home phone service, and the trial court ordered Mr. Jeffery to report to the Oriana House. Mr. Jeffery never reported, although he did contact the court on several occasions. The trial court issued a capias for his arrest.

{¶3} In 2012, Mr. Jeffery was arrested in Stark County following a brawl in a nightclub, and, on June 19, 2012, he again appeared before the trial court in this case. At that time, Mr. Jeffery orally moved to withdraw his guilty plea. The trial court continued sentencing to allow Mr. Jeffery to file a written motion to withdraw the plea, which he did. The trial court held a hearing on the motion on July 10, 2012, at which Mr. Jeffery and his aunt Patricia Jeffery testified. The trial court denied Mr. Jeffery's motion and sentenced him to three years of community control.

{¶4} Mr. Jeffery has appealed, raising one assignment of error for our review.

II.

ASSIGNMENT OF ERROR

TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR BY DENYING DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA[.]

{¶5} Mr. Jeffery argues that the trial court should have granted his motion to withdraw his guilty plea because he had been under extreme stress due to the death of his daughter. He also argues that he did not understand the elements of burglary and ...


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