Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brown

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 18, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
JEFFREY L. BROWN DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-13-580090-A

         DISMISSED.

          FOR APPELLANT Jeffrey L. Brown, pro se.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Brett Hammond Assistant Prosecuting Attorney The Justice Center.

          BEFORE: Celebrezze, J., Boyle, P.J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          FRANK D. CELEBREZZE, JR., JUDGE.

         {¶1} Appellant, Jeffrey L. Brown, appeals the denial of his motion to withdraw his guilty plea to one count of drug trafficking. The trial court's subsequent grant of another motion to withdraw his guilty plea and a motion by the state to vacate the conviction and dismiss the charges with prejudice renders this appeal moot. Therefore, this appeal is dismissed.

         I. Factual and Procedural History

         {¶2} Appellant was indicted in 2013 and charged with multiple counts, including drug trafficking and drug possession. Appellant eventually pled guilty to a single count of drug trafficking, a third-degree felony, for which he was sentenced to six months in prison. Appellant appealed his conviction to this court, which was affirmed on December 31, 2014. State v. Brown, 8th Dist. Cuyahoga No. 101427, 2014-Ohio-5795.[1]

         {¶3} On May 5, 2016, appellant filed a motion to withdraw his guilty plea, and the state filed a brief in opposition. The trial court denied the motion on May 16, 2016. Appellant then filed the instant appeal assigning the following errors for review:

I. The trial court erred in denying [appellant's] motion to withdraw guilty plea when [he] sufficiently demonstrated he was denied effective assistance of counsel in violation of the Sixth Amendment to the United States Constitution.
II. The trial court erred in denying [appellant's] motion to withdraw guilty plea when the state of Ohio violated Crim.R. 16 and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to divulge material exculpatory evidence prior to [appellant] pleading guilty thereby violating [his] right to due process under the Fourteenth Amendment to the United States Constitution.
III. The trial court acted bias [sic] and vindictive towards [appellant] when it denied his motion to withdraw guilty plea although the state of Ohio waived and forfeited all affirmative defenses and conceded all arguments when the state failed to oppose [his] motion in compliance with Cuyahoga Cty. Gen. Div. L. Rule 11.0(C), thereby violating Brown's right to the Due Process Clause under the Fourteenth Amendment to the United States Constitution.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.