Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Office of the Ohio Public Defender By:
Nikki Trautman Baszynski Assistant State Public Defender.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Gregory J. Ochocki Oscar Albores
Assistant County Prosecutors.
BEFORE: Blackmon, J., E.T. Gallagher, P.J., and Celebrezze,
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, J.
Anthony Ortiz ("Ortiz") appeals from the trial
court's denial of his motion to withdraw guilty plea and
the imposition of costs and a fine as part of his sentence
for rape and attempted rape. Ortiz assigns the following
errors for our review:
I. The trial court erred when it failed to meaningfully
consider Mr. Ortiz's motion to withdraw his guilty plea.
II. Mr. Ortiz's right to counsel was violated during the
court's consideration of his motion to withdraw his
III. The trial court erred when it imposed the full costs of
prosecution in Mr. Ortiz's sentencing entry, but not
during his sentencing.
IV. The trial court erred when it imposed a fine without
giving Mr. Ortiz notice at his sentencing hearing.
Having reviewed the record and pertinent law, we affirm. The
apposite facts follow.
On October 14, 2015, Ortiz was charged with seven counts of
rape and two counts of kidnapping involving two victims. The
first incident was alleged to have occurred on March 1, 2006,
and the second incident on July 4, 2008. Ortiz filed a motion
to sever for trial Counts 1 through 4, which related to the
first victim, from Counts 5 through 9, which related to the
second victim. The court denied this motion.
On March 18, 2016, Ortiz filed a pro se motion to disqualify
his counsel, requesting that the public defender's office
be removed from his case for failure to investigate. On March
23, 2016, the court held a hearing at which it denied
Ortiz's motion, stating that "the Court does not
recognize hybrid representation anymore."
On April 25, 2016, Ortiz pled guilty to one count of
attempted rape in violation of R.C. 2923.02 and 2907.02(A)(2)
and one ...