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State v. McLin

Court of Appeals of Ohio, Eighth District

August 1, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE
v.
ISAIAH McLIN, DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-559166, CR-559494, and CR-559636.

ATTORNEY FOR APPELLANT L. Bryan Carr The Carr Law Firm.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor By: Brian M. McDonough Alison N. Foy Assistant County Prosecutors.

BEFORE: McCormack, J., EA. Gallagher, P.J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

TIM McCORMACK, JUDGE.

{¶1} Defendant-appellant, Isaiah McLin ("McLin"), appeals from the court's denial of his motion to withdraw his guilty plea and set aside his conviction. For the reasons that follow, we affirm.

Substantive Facts and Procedural History

2} In February 2012, McLin was indicted in three separate cases: (1) Cuyahoga C.P. Case No. CR-559166, on charges of misuse of credit cards, theft, aggravated theft, grand theft, aggravated burglary, kidnaping, attempted rape, and rape; (2) Cuyahoga C.P. Case No. CR-559494, on charges of theft, aggravated theft, grand theft, aggravated robbery, and kidnaping; and (3) Cuyahoga C.P. Case No. CR-559636, on a charge of receiving stolen property.

{¶3} McLin's father, Ralph McLin ("Ralph McLin"), retained an attorney on his son's behalf. The above matters were scheduled for trial on October 10, 2012. Prior to the start of trial, McLin's attorney and the prosecutor began to discuss a possible plea. During the discussions, McLin's attorney proposed an agreed prison sentence of 7 to 15 years. The state countered with a proposed agreed sentence of 10 to 20 years. Thereafter, counsel proposed an agreed sentence of 7 to 20 years. The proposed 7- to 20-year sentence was approved by the state.

{¶ 4} McLin and Ralph McLin state in their affidavits attached to the motion to withdraw guilty plea that there was an agreement between the parties that Ralph McLin would be the contact person for all plea negotiations. McLin claims that a plea deal was conditioned upon receiving Ralph McLin's approval. He further states that McLin's attorney advised McLin about the plea and told McLin that his father approved of the plea, when, in fact, Ralph McLin had not approved. Finally, McLin states that, in reliance upon the supposed approval of his father, he agreed to change his plea. McLin is 26 years old.

{¶5} On October 11, 2012, McLin pleaded guilty as follows: (1) in CR-559166, amended Count 2, gross sexual imposition; amended Count 3, kidnaping without the sexually violent predator specification; Count 5, aggravated robbery; (2) in CR-559494, amended Count 2, robbery; Count 3, grand theft; and (3) in CR-559636, one count of receiving stolen property. McLin's plea included an agreed prison sentence of 7 to 20 years.

{¶6} Thereafter, on November 6, 2012, McLin filed a motion to withdraw his guilty plea and set aside his conviction. The court held a hearing on McLin's motion on November 8, 2012. At the conclusion of the hearing, the trial court denied McLin's motion and proceeded to sentencing. The court sentenced McLin as follows: (1) 12 months on receiving stolen property in CR-559636; (2) 4 years on the robbery and 12 months on the grand theft in CR-559494; and (3) 18 months on the gross sexual imposition, 8 years on the kidnapping, and 8 years on the aggravated robbery in CR-559166. The court ordered the sentence in CR-559636 to be served concurrently with CR-559494 and CR-559166; the sentence in Counts 3 and 5 in CR-559166 is to serve consecutively to each other; and the sentence in CR-559494 to run consecutively to the sentence in CR-559166. The total sentence is 20 years with postrelease control. The court also ordered restitution for the victims.

Law and Analysis

{¶ 7} McLin's sole assignment of error is that the trial court erred in denying his motion to withdraw his guilty plea and set aside his conviction. He argues that the trial court did not sufficiently consider his motion to withdraw and, therefore, he did not receive a ...


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