Court of Appeals of Ohio, Twelfth District, Butler
APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No.
Michael T. Gmoser, Butler County Prosecuting Attorney, Lina
N. Alkamhawi, Government Services Center, 315 High Street,
11th Floor, Hamilton, Ohio 45011, for plaintiff-appellee
M. Green, #A687591, Chillicothe Correctional Institution,
15802 State Route 104, Chillicothe, Ohio 45601,
defendant-appellant, pro se
1} Defendant-appellant, Danny M. Green, appeals a
decision of the Butler County Court of Common Pleas denying
his motion to withdraw his guilty plea.
2} Appellant was indicted in March 2013 on five
counts of rape, one count of gross sexual imposition, and one
count of attempted sexual battery. On April 24, 2013,
appellant entered a guilty plea to two amended charges of
rape. During a Crim.R. 11 colloquy, the trial court
misinformed appellant that he was eligible for community
control after commencement of his mandatory prison term and
for earned credit against his prison term. Following the
Crim.R. 11 colloquy, the trial court accepted appellant's
guilty plea, and on July 22, 2013, sentenced him to an
aggregate nine-year prison term. Appellant did not directly
appeal his conviction.
3} Nearly a year after he was sentenced, appellant
moved to withdraw his guilty plea pursuant to Crim.R. 32.1.
Appellant argued his plea was invalid because (1) the rape
offenses he pled guilty to were not the same offenses charged
in the indictment, (2) he was never advised of the nature of
the amended charges, (3) the indictment did not support the
elements of the amended charges to which he pled guilty, and
(4) he entered the plea only after receiving ineffective
assistance of counsel. The trial court denied appellant's
motion and appellant appealed.
4} We affirmed the trial court's decision,
stating, "[As] the record demonstrates that he
knowingly, voluntarily, and intelligently entered a guilty
plea to amended counts one and six of the indictment, we find
no error in the trial court's denial of appellant's
motion to withdraw his guilty plea." State v.
Green, 12th Dist. Butler No. CA2014-12-247,
2015-Ohio-2576, ¶ 27.
5} In 2016, appellant once again moved to withdraw
his guilty plea pursuant to Crim.R. 32.1. Appellant argued
his plea was void because the trial court failed to comply
with Crim.R. 11(C) during the plea hearing when it
misinformed appellant regarding his eligibility for community
control and earned credit against his prison term. On
September 1, 2016, the trial court denied appellant's
motion to withdraw his plea on the basis of the
law-of-the-case doctrine. Specifically, the trial court found
that in light of this court's prior finding that
appellant knowingly, voluntarily, and intelligently entered
his guilty plea and our upholding of the trial court's
denial of appellant's first motion to withdraw his plea,
the trial court lacked jurisdiction to address
appellant's second motion to withdraw his guilty plea.
6} Appellant now appeals, raising one assignment of
7} THE TRIAL COURT ERRED WHEN IT FAILED TO ADDRESS
THE VOIDNESS ARGUMENT AND DENIED APPELLANT'S MOTION TO
WITHDRAW [HIS] GUILTY PLEA.
8} Appellant argues that his guilty plea, and
therefore his conviction and sentence, are void because the
trial court failed to comply with Crim.R. 11(C)(2)(a) during
its plea colloquy when it misinformed appellant he could be
eligible for earned credit and could receive community
control, when, in fact, he was subject to a mandatory prison
term. Appellant asserts that because his guilty plea is void,
the doctrine of res judicata is not applicable. Appellant
further asserts that because he did not directly appeal his
conviction and his motions to withdraw his plea raised
different issues regarding the validity of his guilty plea,
the law-of-the-case doctrine is not applicable.
9} Crim.R. 11(C)(2)(a) provides that in felony cases
The trial court shall not accept a plea of guilty * * *
without first addressing the defendant personally and * * *
[d]etermining that the defendant is making the plea
voluntarily, with understanding of the nature of the charges
and of the maximum penalty involved, and if applicable, that
the defendant is not eligible for probation or ...