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State v. Davis

Court of Appeals of Ohio, Seventh District

September 23, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
WILLIAM DAVIS, DEFENDANT-APPELLANT.

Criminal Appeal from Common Pleas Court, Case No. 12 CR 77.

For Plaintiff-Appellee Attorney Paul J. Gains Prosecuting Attorney Attorney Ralph M. Rivera Assistant Prosecuting Attorney

For Defendant-Appellant Attorney Rhys Cartwright-Jones

JUDGES Hon. Mary DeGenaro, Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite

OPINION

DeGenaro, P.J.

(¶1} Defendant-Appellant, William Davis, appeals the June 7, 2012 judgment of the Mahoning County Court of Common Pleas convicting him of one count of trafficking in or illegal use of supplemental nutrition assistance program benefits, specifically food stamps, or WIC program benefits and sentencing him accordingly. Appointed appellate counsel filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.E.2d 493 (1967), and State v. Toney, 23 Ohio App.2d 203, 262 N.E.2d 419 (7th Dist.1970), and requested leave to withdraw from the case. Davis failed to file a prose brief.

(¶2} A thorough review reveals that there are no meritorious errors. The plea colloquy complied with Crim.R. 11(C) and, as such, the plea was knowingly, voluntarily, and intelligently entered. Any challenge to the sentence is moot since Davis has fully served his prison sentence. Accordingly, the judgment of the trial court is affirmed and counsel's motion to withdraw is granted.

Facts and Procedural History

(¶3} On February 16, 2012, Davis was indicted by the Mahoning County Grand Jury on one count of count of trafficking in or illegal use of food stamps or WIC program benefits (R.C. 2913.26(B) and (D)), a fifth-degree felony. There is no information in the record concerning the underlying facts of the case.

(¶4} Davis was arraigned, pled not guilty and counsel was appointed. Davis later entered into a Crim.R. 11 plea agreement with the State. Davis agreed to plead guilty to the charge in the indictment and in exchange the State agreed to recommend community control and restitution.

(¶5} A Criminal Rule 11 plea hearing was held during which time the trial court engaged in a colloquy with Davis concerning the rights he would give up by pleading guilty. At the end of the hearing, the court accepted Davis' plea as knowingly, voluntarily and intelligently made and continued sentencing so that a presentencing investigation could be prepared.

(¶6} After a sentencing hearing, the trial court imposed a 10 month prison term followed by an optional 3 years of post-release control but waiving fines and costs; and giving Davis one day of jail-time credit. The trial court ordered that the issue of restitution be kept open for 30 days, since at the time of sentencing the prosecution had no information concerning the amount of restitution required. The restitution was never revisited within the 30-day period.

(¶7} This timely appeal followed on June 28, 2012. No stay of sentence pending appeal was filed. Complete transcripts of the trial court proceedings were not filed with this court until November 2012. After several leaves, appointed appellate counsel filed an Anders no-merit brief on January 10, 2013. In a January 30, 2013 entry, this court informed Davis his counsel ...


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