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. Rinehart

Court of Appeals of Ohio, Sixth District

August 2, 2013

State of Ohio, Appellee
v.
Timothy Rinehart, Appellant

Trial Court No. 07CR389

Paul A. Dobson, Wood County Prosecuting Attorney, Heather M. Baker and Jacqueline M. Kirian, Assistant Prosecuting Attorneys, for appellee.

Andrew R. Schuman, for appellant.

DECISION AND JUDGMENT

PIETRYKOWSKI, J.

{¶ 1} This is an appeal from a judgment entered by the Wood County Court of Common Pleas after defendant-appellant, Timothy Rinehart, entered a plea of guilty to one count of unlawful sexual conduct with a minor, in violation of R.C. 2907.04(A), a felony of the third degree, and one count of pandering sexually oriented matter involving a minor, in violation of R.C. 2907.322(A)(1), a felony of the second degree. The court found him guilty of those offenses and sentenced him to consecutive terms of three years incarceration on the unlawful sexual conduct with a minor charge and four years incarceration on the pandering charge. Appellant now challenges that judgment through the following assignments of error:

1. The bill of information fails to comport with the constitutional requirements of notice under the Ohio and United States Constitution.
2. The trial court abused its discretion in failing to hold a hearing on appellant's presentence motion to withdraw his plea.
3. Appellant's plea was not made knowingly, intelligently and voluntarily.
4. Appellant was denied effective assistance of trial counsel pursuant to the Ohio and United States Constitutions, because trial counsel failed to request discovery prior to the entry of appellant's guilty pleas.

{¶ 2} The relevant facts of this case are as follows. On October 18, 2007, appellant was charged by a bill of information with the two offenses stated above and the additional charge of importuning, in violation of R.C. 2907.07(B). On October 30, 2007, the case proceeded to a hearing at which appellant signed a waiver of his right to be prosecuted by indictment, signed a waiver of his right to be tried by a judge or jury, and pled guilty to all three offenses. The court accepted the pleas, found appellant guilty and continued the case to January 15, 2008, for a sexual offender classification hearing and sentencing. Prior to that hearing, however, appellant filed a motion to withdraw his guilty pleas. On January 31, 2008, without conducting a hearing, the trial court denied that motion. On February 20, 2008, appellant was sentenced to three years incarceration on the count of unlawful sexual conduct, four years on the pandering count, and one year on the importuning count, with the terms to be served consecutively.

{¶ 3} Appellant appealed that conviction and sentence to this court. See State v. Rinehart, 6th Dist. Wood No. WD-08-015, 2010-Ohio-2259 ("Rinehart I "). Although appellant raised several assignments of error, we found his challenge to the trial court's denial of his presentence motion to withdraw his guilty pleas dispositive of the case because the court had denied that motion without conducting a hearing on the matter. We therefore remanded the case to the trial court for that court to conduct a hearing on appellant's motion.

{¶ 4} Upon remand, the case proceeded to a hearing on October 5, 2010. At that time, however, the parties informed the court that they had reached an agreement on the motion to withdraw. Appellant's counsel stated that appellant wanted to withdraw his guilty plea only as to Count 3, the importuning charge, and was prepared to proceed to resentencing on the other two charges. The state agreed to that withdrawal and further asked the court to dismiss that charge. The court then asked appellant's counsel if appellant had any objection to proceeding to sentencing on the remaining two charges, to which appellant's counsel responded, "No objection." The court then granted appellant's motion to withdraw his guilty plea as to the importuning charge and dismissed that charge. The court then sentenced appellant to three years incarceration on the unlawful sexual conduct charge, four years on the pandering charge, ordered that those terms be served consecutively, and determined that appellant was a Tier II sexual offender.

{¶ 5} We will first address appellant's second assignment of error in which he asserts that the lower court erred in again failing to hold a hearing on his presentence motion to withdraw his guilty pleas. Appellant contends that this court mandated such a hearing in Rinehart I and that the lower court abused its discretion in failing to abide by that mandate.

{¶ 6} In Rinehart I, we reversed the judgment of the trial court and remanded the case back to that court "to conduct a hearing on appellant's motion and to proceed with the case thereafter." ...


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.