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State v. Bateman

Court of Appeals of Ohio, Second District

September 27, 2013

STATE OF OHIO Plaintiff-Appellee
v.
CHARLES BATEMAN Defendant-Appellant

Criminal appeal from Common Pleas Court T.C. NO. 11CR675

LISA M. FANNIN, Atty. Reg. No. 0082337, Assistant Prosecuting Attorney, Attorney for Plaintiff-Appellee

CHRIS BECK, Atty. Reg. No. 0081844, 1626 Westbrook Drive, Beavercreek, Attorney for Defendant-Appellant

OPINION

DONOVAN, J.

(¶ 1} This matter is before the Court on the Notice of Appeal of Charles Bateman, filed April 17, 2012. Bateman appeals from his March 23, 2012 judgment entry of conviction, following a plea of guilty, to one count of possession of cocaine, in violation of R.C. 2925.11(A), a felony of the fifth degree. Bateman received an eight month sentence.

(¶ 2} The events giving rise to this matter began on October 1, 2010, when, in the course of a traffic stop of Bateman's vehicle, Springfield police officers observed a baggy of drugs that tested positive for cocaine. The officers also recovered a cell phone from the vehicle which Bateman acknowledged was his, and it tested positive for cocaine as well. An initial indictment against Bateman was dismissed, and he was subsequently indicted for the same offense on September 26, 2011. After initially pleading not guilty, he waived his right to trial and entered a plea of guilty to the charged offense.

(¶ 3} At his sentencing hearing, Bateman, who was represented by an assistant public defender, asked to withdraw his plea of guilty. The following exchange occurred:

THE COURT: Mr. Bateman, you requested the Court to withdraw your guilty plea?
DEFENDANT: Yes, Your Honor. I want to withdraw my plea.
THE COURT: Based on what, sir?
DEFENDANT: On the circumstances that I want to hire my own attorney.
THE COURT: No. What is the reason you want to withdraw your plea?
DEFENDANT: Plead not guilty.
THE COURT: No. Why do you want to withdraw your plea, sir?
DEFENDANT: To hire my own attorney.
THE COURT: Well, that's something you should have done before you entered the plea.
THE COURT: I want to know what grounds you have to withdraw your plea.
THE COURT: There has to be a reason, some justification for the Court to allow you to withdraw the plea. I want to know why you wish to withdraw your plea. It has to be something ...

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