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State v. Ortiz

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 31, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
ANTHONY ORTIZ DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-15-600199-A

          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, J.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, J.

         {¶1} 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 guilty plea.
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.

         {¶2} Having reviewed the record and pertinent law, we affirm. The apposite facts follow.

         {¶3} 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.

         {¶4} 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."

         {¶5} 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 ...


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