Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cleveland Heights Municipal Court Case No.
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,
JOURNAL ENTRY AND OPINION
LASTER MAYS, J.
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.
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
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.
Martin filed a timely appeal asserting two assignments of
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.
Presentence Motion to Withdraw Guilty Plea
A.Standard of ...