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State v. Erich

Court of Appeals of Ohio, Eleventh District, Ashtabula

November 13, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
BRYAN M. ERICH, Defendant-Appellant.

         Criminal Appeal from the Ashtabula County Court of Common Pleas. Case No. 2015 CR 00734.

          Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthous (For Plaintiff-Appellee).

          Anna Markovich, (For Defendant-Appellant).

          OPINION

          TIMOTHY P. CANNON, J.

         {¶1} Appellant, Bryan M. Erich, appeals from the judgment entry accepting a guilty plea and imposing sentence, entered by the Ashtabula County Court of Common Pleas on March 29, 2016. For the following reasons, the trial court's judgment is affirmed.

         {¶2} On December 30, 2015, appellant was indicted by the Ashtabula County Grand Jury on four counts: Count 1, Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs, a second-degree felony in violation of R.C. 2925.041(A) and (C)(2); Count 2, Possession of Heroin, a fourth-degree felony in violation of R.C. 2925.11(A) and (C)(6)(b); Count 3, Aggravated Possession of Drugs, a fifth-degree felony in violation of R.C. 2925.11(A) and (C)(1)(a); and Count 4, Possessing Criminal Tools, a fifth-degree felony in violation of R.C. 2923.24(A).

         {¶3} Appellant was arraigned on February 19, 2016. He was appointed counsel and entered a plea of not guilty to all four counts.

         {¶4} On March 29, 2016, appellant entered into a plea agreement with appellee, the state of Ohio. Appellant agreed to withdraw his not guilty plea. He entered a written plea of guilty to Count 1 and Count 2; the state agreed to dismiss Count 3 and Count 4. The parties also stipulated to a joint sentencing recommendation of five years in prison, the minimum mandatory prison term on Count 1, and 12 months in prison on Count 2, to be served concurrently with each other and with the sentences imposed by the Ashtabula County Court of Common Pleas in two other cases: case No. 15-CR-664 and case No. 15-CR-419.

         {¶5} At his plea and sentencing hearing, the trial court reviewed each page of the plea agreement with appellant. The trial court accepted appellant's guilty plea and the stipulated joint sentencing recommendation; it ordered Counts 3 and 4 dismissed.

         {¶6} The trial court entered judgment on March 29, 2016.

         {¶7} On August 4, 2016, appellant filed a motion for leave to file a delayed appeal from the March 29, 2016 judgment entry. This court denied the motion in State v. Erich, 11th Dist. Ashtabula No. 2016-A-0040, 2016-Ohio-7357.

         {¶8} On August 4, 2016, appellant also filed a pro se motion to withdraw his guilty plea pursuant to Crim.R. 32.1 and requested a hearing on the motion. On September 8, 2016, the trial court overruled the motion without hearing.

         {¶9} On September 20, 2016, appellant filed a second motion for leave to file a delayed appeal from the trial court's March 29, 2016 entry. This court granted appellant's motion on December 19, 2016.

         {¶10} Appellant asserts two ...


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