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State v. Jackson

Court of Appeals of Ohio, Tenth District

September 19, 2013

State of Ohio, Plaintiff-Appellee,
v.
DeAngelo A. Jackson, Defendant-Appellant.

APPEAL from the Franklin County Court of Common Pleas. C.P.C. No. 12CVH-05-5975

Ron O'Brien, Prosecuting Attorney, and Laura R. Swisher, for appellee.

DeAngelo A. Jackson, pro se.

DECISION

BROWN, J.

(¶ 1} This is an appeal by defendant-appellant, DeAngelo A. Jackson, from a judgment of the Franklin County Court of Common Pleas denying his motion to withdraw a guilty plea.

(¶ 2} On August 3, 2009, appellant was indicted on five counts of trafficking in cocaine, in violation of R.C. 2929.03. On February 14, 2011, appellant entered a guilty plea to two counts of trafficking in cocaine as charged in Counts 2 and 3 of the indictment. By judgment entry filed February 28, 2011, the trial court sentenced appellant to four years incarceration as to each count, for a total sentence of eight years. The court entered a nolle prosequi as to Counts 1, 4, and 5 of the indictment.

(¶ 3} On April 11, 2011, appellant filed with this court a motion for leave to file a delayed appeal pursuant to App.R. 5(A). By memorandum decision filed May 26, 2011, this court denied appellant's motion for delayed appeal.

(¶ 4} On December 3, 2012, appellant filed a motion to withdraw his guilty plea pursuant to Crim.R. 32.1. On December 10, 2012, the state filed a memorandum contra the motion. By entry filed February 12, 2013, the trial court denied appellant's motion to withdraw his guilty plea.

(¶ 5} On appeal, appellant, pro se, sets forth the following three assignments of error for this court's review:

ASSIGNMENT OF ERROR NO. 1
THE TRIAL COURT DID NOT HAVE SUBJECT-MATTER JURISDICTION BECAUSE OF AN INVALID COMPLAINT PURSUANT TO CRIM.R. 3.
ASSIGNMENT OF ERROR NO. 2
THE DEFENDANT WAS DENIED A PRELIMINARY HEARING IN VIOLATION OF R.C. 2945.73 R.C 2945.73 [sic] RENDERING HIS PLEA VOID AND DENYING THE DEFENDANT HIS 6th AND 14th AMENDMENT RIGHTS UNDER THE OHIO ...

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