Court of Appeals of Ohio, Eleventh District, Ashtabula
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
Markovich, (For Defendant-Appellant).
TIMOTHY P. CANNON, J.
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
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).
Appellant was arraigned on February 19, 2016. He was
appointed counsel and entered a plea of not guilty to all
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.
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
The trial court entered judgment on March 29, 2016.
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.
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.
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.
Appellant asserts two ...