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State v. Rembert

Court of Appeals of Ohio, Tenth District

March 30, 2017

State of Ohio, Plaintiff-Appellee,
v.
Albert L. Rembert, Defendant-Appellant.

         APPEALS from the Franklin County Court of Common Pleas Case No. 10CR-4979, 11CR-1086

         On brief:

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

         On brief:

          Albert L. Rembert, pro se.

          DECISION

          BROWN, J.

         {¶ 1} In these consolidated appeals, defendant-appellant, Albert L. Rembert, appeals from a judgment of the Franklin County Court of Common Pleas denying his post-sentence motions to withdraw guilty pleas in common pleas case Nos. 10CR-4979 and 11CR-1086.

         {¶ 2} On August 24, 2010, appellant was indicted on one count of felonious assault in case No. 10CR-4979. On February 25, 2011, appellant was indicted on two counts of intimidation of a crime victim or witness in case No. 11CR-1086.

         {¶ 3} On June 9, 2011, appellant entered an "Alford" plea of guilty in case No. 10CR-4979 to one count of felonious assault. By entry filed June 14, 2011, the trial court imposed a period of community control for five years, and sentenced appellant to 65 days in the Franklin County Correction Center. Also on June 9, 2011, appellant entered an Alford plea of guilty in case No. 11CR-1086 to one count of intimidation of a crime victim or witness. The trial court imposed a sentence of five years community control. At the time he entered his Alford pleas, appellant was on parole for an aggravated murder conviction in Cuyahoga County.

         {¶ 4} On July 19, 2011, appellant filed a pro se motion to withdraw his Alford plea in case No. 10CR-4979. On July 3, 2013, appellant filed a motion for transcript. Plaintiff-appellee, State of Ohio, subsequently filed a memorandum contra appellant's motion for production of documents on grounds that appellant had no appeal or post-conviction matters pending. By entry filed July 31, 2013, the trial court denied appellant's motion to withdraw his Alford plea, and also denied appellant's motion for transcript.

         {¶ 5} On January 21, 2015, appellant filed a motion requesting leave to file a delayed appeal from the trial court's judgment entry of June 14, 2011 in case No. 10CR-4979. On March 5, 2015, this court denied appellant's motion for leave to file a delayed appeal. State v. Rembert, 10th Dist. No. 15AP-47 (Mar. 5, 2015) (memorandum decision).

         {¶ 6} On June 2, 2016, appellant filed motions to withdraw his guilty pleas, pursuant to Crim.R. 32.1, in case Nos. 10CR-4979 and 11CR-1086. In those motions, appellant asserted in part that he "was made promises from the bench and from counsel to accept the offer made by the court to settle this case which were not kept which violates U.S. Supreme Court jurisprudence * * * and this defendant's constitutional right to the due process of law and a fair trial." On June 15, 2016, the state filed a memorandum contra appellant's motions to withdraw guilty pleas. By entry filed July 6, 2016, the trial court denied appellant's motions to withdraw his guilty pleas, finding he had failed to establish manifest injustice or ineffective assistance of counsel.

         {¶ 7} On appeal, appellant sets forth the following four assignments of ...


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