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State v. Masters

Court of Appeals of Ohio, Eighth District

July 18, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE
v.
WILLIAM MASTERS, DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-527719.

ATTORNEY FOR APPELLANT David L. Doughten The Brownhoist Building.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor BY: Daniel T. Van Joseph J. Ricotta Assistant Prosecuting Attorneys The Justice Center.

BEFORE: Celebrezze, J., Boyle, P.J., and Jones, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.

{¶ 1} Defendant-appellant, William Masters, appeals from the trial court's decision denying his petition for postconviction relief. For the reasons set forth below, we affirm.

I. Factual and Procedural History

{¶2} On January 4, 2010, appellant pled guilty to all charges in an indictment that charged him with 12 counts of aggravated robbery, 12 counts of kidnapping, and one count each of disrupting public service and vandalism, all relating to his participation in the armed robbery of a "high stakes" poker game. On April 14, 2010, the trial court sentenced appellant to five years on each count of aggravated robbery and kidnapping, three years on the attendant firearm specifications, and imposed the minimum sentence for disrupting public service and vandalism. The court ordered the five years for each of the aggravated robbery and kidnapping convictions to run concurrently with the mandatory three years for the firearm specifications added to each base crime. Appellant received a total eight-year prison term.

{¶3} On May 17, 2010, appellant filed his direct appeal with this court. State v. Masters, 8th Dist. No. 95120, 2011-Ohio-937. In his appeal, appellant argued that the trial court erred in imposing separate sentences for his aggravated robbery and kidnapping convictions because they were allied offenses of similar import. On March 3, 2011, this court remanded the case to the trial court to determine whether appellant's aggravated robbery and kidnapping convictions should have merged. Masters at \ 10. On May 23, 2011, the trial court held a resentencing hearing and again sentenced appellant to an eight-year term of imprisonment.

{¶ 4} Over one year after being resentenced, appellant filed an untimely petition for postconviction relief pursuant to R.C. 2953.23 on September 20, 2012. In his petition, appellant argued that he received ineffective assistance of counsel during his plea proceedings. In his supporting affidavit, appellant alleged that defense counsel provided ineffective assistance by: (1) failing to adequately convey a formal plea offer in which the state agreed to recommend a six-year sentence;[1] (2) advising appellant to cooperate with the police immediately after being charged; (3) improperly misrepresenting his relationship with the trial court judge; and (4) failing to notify the court that appellant was under the influence of sedative medication during the plea hearing. On October 30, 2012, the trial court denied appellant's petition without a hearing.

{¶ 5} Appellant now brings this timely appeal, raising two assignments of error for review:

I. Appellant was denied the effective assistance of defense counsel during his plea proceedings.
II. The trial court erred in summarily dismissing his postconviction petition without according ...

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