Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Spivakov

Court of Appeals of Ohio, Tenth District

July 30, 2013

State of Ohio, Plaintiff-Appellee,
v.
Gennadiy A. Spivakov, Defendant-Appellant.

APPEALS from the Franklin County Court of Common Pleas. C.P.C. No. 05CR-05-2845, 06CR-05-3904

Ron O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for appellee.

DiFranco Law Office, LLC, and Brian C. DiFranco, for appellant.

DECISION

SADLER, J.

{¶ 1} Defendant-appellant, Gennadiy A. Spivakov, appeals from the judgment of the Franklin County Court of Common Pleas denying his motion to withdraw his guilty pleas. For the following reasons, we affirm.

I. BACKGROUND

{¶ 2} Appellant's appeal pertains to case Nos. 13AP-32 and 13AP-33, which were consolidated by this court. In case No. 13AP-32, appellant was indicted in May 2005 on three counts of forgery, in violation of R.C. 2913.31, and three counts of receiving stolen property, in violation of R.C. 2913.51. Two forgery counts were fourth-degree felonies and one forgery count was a fifth-degree felony. The receiving stolen property counts were fifth-degree felonies. In June 2005, appellant pleaded guilty to two fourth-degree counts of forgery. The plea form, signed by appellant and his attorney, states:

I [am not] a citizen of the United States of America. I understand that, if I am not a citizen of the United States, my conviction of the offense(s) to which I am pleading guilty may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

(Case No. 13AP-32, R. 28-29.)

{¶ 3} The trial court accepted appellant's guilty plea and, on August 12, 2005, sentenced him to community control. The trial court issued a judgment entry of conviction and sentence on August 16, 2005, and appellant filed no appeal of that judgment.

{¶ 4} In May 2006, appellant was indicted in case No. 13AP-33 on one count of receiving stolen property, a fourth-degree felony. That same month, appellant pleaded guilty to the charge, and he and his attorney signed a plea form acknowledging that he is not a United States citizen and mentioning the previously noted consequences of his guilty plea. The trial court accepted appellant's guilty plea and sentenced him to community control. The trial court issued a judgment entry of conviction and sentence on May 25, 2006, and appellant filed no appeal of that judgment.

{¶ 5} In November 2006, the trial court revoked appellant's community control in both cases, due to appellant violating the conditions of those sentences and ordered him to serve 17 months imprisonment. The federal government subsequently initiated deportation proceedings.

{¶ 6} Pursuant to Crim.R. 32.1, appellant moved to withdraw his guilty pleas in August 2010, and he requested a hearing on the motion. Appellant argued that, pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010), his defense counsel was ineffective for not advising him about the risk of deportation arising from his guilty pleas. He also argued that his pleas were not knowing, voluntary, and intelligent due to his counsel's ineffectiveness. The trial court noted it provided the deportation information to appellant and that appellant's "plea forms contain language which alerted [him] to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.