from the Franklin County Court of Common Pleas Case No.
O'Brien, Prosecuting Attorney, and Laura R. Swisher, for
L. Rembert, pro se.
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.
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 ...