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City of Richmond Heights v. McEllen

Court of Appeals of Ohio, Eighth District

July 18, 2013

CITY OF RICHMOND HEIGHTS PLAINTIFF-APPELLEE
v.
JOHN McELLEN DEFENDANT-APPELLANT

Criminal Appeal from the Lyndhurst Municipal Court Case No. 00 CRB 00325

ATTORNEY FOR APPELLANT Richard H. Drucker

ATTORNEY FOR APPELLEE Jonathan D. Greenberg Prosecuting Attorney City of Richmond Heights Walter & Haverfield, P.L.L.

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

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.

{¶ 1} Defendant-appellant, John McEllen, appeals from the trial court's judgment denying his postsentence motion to withdraw his plea. Finding no merit to the appeal, we affirm.

I. Factual and Procedural History

2} On May 9, 2000, appellant entered a plea of guilty to a charge of domestic violence, a first-degree misdemeanor, in the Lyndhurst Municipal Court, Cuyahoga County, Ohio. Prior to entering his guilty plea, appellant waived his right to an attorney. On the same day, the trial court found appellant guilty and sentenced him to ten days in jail and a $250 fine.

{¶ 3} On November 9, 2012, appellant filed a motion to vacate his guilty plea. On November 13, 2012, the trial court denied appellant's motion without a hearing.

{¶ 4} Appellant now brings this timely appeal, raising one assignment of error for review:

I. The trial court erred, and abused its discretion and caused [appellant] a manifest injustice when it accepted an uncounseled guilty plea while he was intoxicated, which plea has summarily barred him from employment, then denied [appellant's] motion to vacate guilty plea without granting an oral hearing to consider the case's merits, and before even receiving the prosecution's brief in response.

II. Law and Analysis

A. Crim.R. 32.1

{ΒΆ 5} In his sole assignment of error, appellant argues that the trial court abused its discretion when it denied his motion to withdraw ...


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