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State v. Adames

Court of Appeals of Ohio, Fifth District, Licking

May 30, 2017

STATE OF OHIO Plaintiff-Appellee
v.
GABRIEL ADAMES Defendant-Appellant

         Appeal from the Licking County Court of Common Pleas, Case No. 16-CA-85

          For Plaintiff-Appellee: KENNETH W. OSWALT LICKING CO. PROSECUTOR CHRISTOPHER A. REAMER

          For Defendant-Appellant: GEORGE A. KATCHMER

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Delaney, P.J.

         {¶1} Appellant Gabriel Adames appeals from the October 11, 2016 Judgment Entry of the Licking County Court of Common Pleas. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The following facts are adduced from appellee's bill of particulars. Appellant began doing business as Newark Foods, LLC in Licking County, Ohio, and in early 2015, authorities learned the company was dealing in stolen goods for resale purposes and exchanging food stamp benefit cards for cash. During an investigation, confidential informants were sent into the store offering stolen goods for sale or food stamp cards at a deeply discounted rate. Appellant agreed to purchase the food stamp cards in exchange for less than half of the cash value of the cards. Appellant would then use the benefits cards to purchase items from various Licking County stores to stock the shelves at Newark Foods, LLC. Appellant directed employees and associates to engage in similar activities.

         {¶3} Between April 1, 2015 and May 26, 2015, appellant personally and/or in complicity with employees and associates purchased in excess of $1, 000.00 of what store employees believed to be stolen goods for resale within their store. At times, appellant directed individuals on specific items to steal to be re-sold in his store.

         {¶4} On June 4, 2015, appellant was charged by indictment with two counts of illegal use of supplemental nutrition or WIC program benefits pursuant to R.C. 2913.46(B), both felonies of the fifth degree, and one count of receiving stolen property pursuant to R.C. 2913.51(A), a felony of the fifth degree.

          {¶5} On November 24, 2015, appellant appeared before the trial court with counsel and an interpreter and changed his pleas to ones of guilty. The Judgment Entry of appellant's change of plea and sentencing notes that appellant was advised the offenses to which he entered pleas of guilty may have the consequences of deportation, exclusion from the United States, and/or denial of naturalization pursuant to the laws of the United States. The trial court imposed a sentence of three years of community control, including a term of 60 days of local incarceration.

         {¶6} On April 22, 2016, appellant filed a motion to withdraw his guilty pleas arguing he received ineffective assistance of counsel because he was not advised of "mandatory deportation." Appellant's motion is accompanied by an affidavit stating his trial counsel spoke to him for 15 minutes before his plea, told him he would not be able to become a citizen as a result of the plea, and said nothing else regarding immigration consequences. Appellant further attested that he is now "in mandatory detention with ICE and in deportation proceedings, " and had he been advised of the mandatory deportation, he would not have entered pleas of guilty.

         {¶7} Appellee responded with a memorandum contra and exhibits including a transcript of the change-of-plea hearing; the evidence that would have been admitted against appellant at trial; and, in a supplement, an affidavit of appellant's trial counsel and a transcript of a hearing in 1997 in which he pled to similar offenses in the state of Connecticut.

         {¶8} On October 11, 2016, the trial court overruled appellant's motion to withdraw plea.

         {¶9} Appellant now appeals from the trial court's Judgment ...


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