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City of Cleveland Heights v. Martin

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 22, 2017

CITY OF CLEVELAND HEIGHTS PLAINTIFF-APPELLEE
v.
TRAMAINE E. MARTIN DEFENDANT-APPELLANT

         Criminal Appeal from the Cleveland Heights Municipal Court Case No. CRB-1600519

          FOR APPELLANT Tramaine E. Martin, pro se

          ATTORNEYS FOR APPELLEE L. James Juliano Cleveland Heights Director of Law By: Tiffany A. Hill Assistant City Prosecutor Kimberly J. Bolton

          BEFORE: Laster Mays, J., Kilbane, P.J., and E.T. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, J.

         {¶1} Defendant-appellant Tramaine E. Martin ("Martin") appeals his guilty plea and asks this court to reverse his conviction and dismiss his sentence. After a view of the record, which included the docket entries, the filed motions, and the journal entries, but no transcript, we affirm.

         {¶2} Martin pleaded guilty to theft, a first-degree misdemeanor, in violation of R.C. 2913.02(A). The trial court sentenced him to 180 days of local incarceration and one-year of probation.

         I. Facts

         {¶3} On May 7, 2016, Martin was arrested for theft, possession of criminal tools, obstructing official business, criminal damaging, and criminal trespassing. Seventeen days later, Martin entered a not guilty plea and the case was set for pretrial on June 21, 2016. At pretrial, the court set a trial date of July 21, 2016. However, on July 7, 2016, Martin filed a motion to dismiss and a demand for discovery. On July 22, 2016, the prosecutor responded by providing discovery, and the trial was rescheduled for August 12, 2016. On that day, the trial court denied Martin's motion to dismiss. Martin then entered a guilty plea to theft and was scheduled to be sentenced on September 12, 2016. On September 9, 2016, Martin filed a motion to withdraw his guilty plea and enter a no contest plea. At sentencing, the trial court denied that motion and sentenced Martin to 180 days imprisonment.

         {¶4} Martin filed a timely appeal asserting two assignments of error:

I. The denial of appellant's presentence motion to withdraw guilty plea was not within the sound discretion of the trial court; and
II. The appellant's case was not resolved within the time proscribed [sic] by R.C. 2945.71, and thereby appellant was denied a constitutional right to a speedy trial.

         II. Presentence Motion to Withdraw Guilty Plea

         A.Standard of ...


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