Court of Appeals of Ohio, Fourth District, Pickaway
APPEAL FROM COMMON PLEAS COURT
Harrison S. Lofton, IV, pro se.
C. Wolford, Pickaway County Prosecuting Attorney,
Circleville, Ohio, for appellee.
DECISION AND JUDGMENT ENTRY
B. Abele, Judge
1} This is an appeal from a Pickaway County Common Pleas
Court judgment that denied a motion to allow Harrison S.
Lofton, IV, defendant below and appellant herein, to withdraw
his guilty plea, entitled "Affidavit of Revocation of
Signature for Good Cause." Appellant assigns the
following errors for review:
FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED BY EXCEPTING A PLEA FROM
DEFENDANT-APPELLANT, AFTER COLLOQUY IN WHICH JUDGE GAVE
INCORRECT INFORMATION REGARDING DEFENDANT-APPELLANT'S
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED WHEN IT RESPONDED TO DEFENDANT
LOFTON'S AFFIDAVIT WITH A DECISION AND ENTRY AND CLAIMED
IT WAS A MOTION."
2} On May 6, 2005, the Pickaway County Grand Jury returned an
indictment that charged appellant with aggravated murder and
burglary. Pursuant to an agreement, appellant pled to an
amended charge of murder into which the burglary charge would
be merged. In January 2006, the trial court sentenced
appellant to serve fifteen years to life in prison. No appeal
was taken from that judgment.
3} A year later, appellant filed a motion to withdraw his
guilty plea. Appellant alleged, inter alia, that he received
ineffective assistance of trial counsel. The trial court
denied his motion and appellant appealed. This court
dismissed the appeal due to appellant's failure to comply
with various orders. State v. Lofton, 4th Dist.
Pickaway No. 08CA23 (Mar. 13, 2009)(Lofton I).
4} On February 15, 2011, appellant filed a second motion to
withdraw his guilty plea. The trial court denied his motion
two days later. On June 9, 2011, appellant filed a motion for
resentencing, arguing that the trial court erred by imposing
postrelease control in its 2006 sentence. The trial court
overruled the motion. We, however, reversed the trial
court's judgment on the basis that postrelease control
should not have been imposed and we remanded the matter for
resentencing. State v. Lofton, 4th Dist. Pickaway
No. 11CA16, 2012-Ohio-2274, at ¶ 8-10 & 11
Thereafter, on May 23, 2012, the trial court corrected its
error in a nunc pro tunc entry and removed reference to
5} On March 7, 2012, appellant filed a third motion to
withdraw his guilty plea. The trial court denied that request
on April 26, 2012. We affirmed that judgment. See State
v. Lofton, ...