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State v. Long

Court of Appeals of Ohio, Fifth District, Richland

May 17, 2017

STATE OF OHIO, Plaintiff-Appellee
v.
GUY A. LONG, Defendant-Appellant

         Criminal appeal from the Richland County Court of Common Pleas, Case No. 11-CR-147R.

          For Plaintiff-Appellee RICHLAND COUNTY PROSECUTOR

          For Defendant-Appellant GUY A. LONG, SR.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant, Guy Alexander Long ["Long"] appeals the February 10, 2017 Judgment Entry of the Richland County Court of Common Pleas overruling his motion to withdraw his no contest plea.

         Facts and Procedural History

         {¶2} On March 11, 2011, the Richland County Grand Jury indicted Long, on two counts of possession of drugs in violation of R.C. 2925.11, one count of having a weapon under disability in violation of R.C. 2923.13, two counts of receiving stolen property in violation of R.C. 2913.51, and one count of safecracking in violation of R.C. 2911.13. Said charges arose from a search of Long's residence pursuant to a no-knock search warrant. Subsequently, Long was charged with one count of aiding and abetting tampering with evidence in violation of R.C. 2921.12. See, State v. Long, 5th Dist. Richland No. 11CA95, 2012-Ohio-3091. [Hereinafter "Long I "].

         {¶3} On May 18, 2011, Long filed a motion to suppress, challenging the search warrant. A hearing was held on June 17, 2011. The trial court denied the motion. Long

         I, ¶ 2.

         {¶4} On September 13, 2011, Long pled no contest to all the counts except for one of the receiving stolen property counts, which was dismissed. By sentencing entry filed the same date, the trial court sentenced Long to an aggregate term of seven years in prison. Long I, ¶ 3.

         {¶5} For the procedural history of Long's case see our most recent decision, State v. Long, 5th Dist. Richland No. 16CA35, 2016-Ohio-5882 ["Long V"].

         {¶6} Subsequent to our decision in Long V, Long filed a motion to withdraw his no contest plea with the trial court on February 2, 2017. The trial court overruled the motion by Judgment Entry filed February 10, 2017.

         Assignments ...


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