Court of Appeals of Ohio, Fifth District, Muskingum
OF PROCEEDING: Criminal appeal from the Muskingum County
Court of Common Pleas, Case No. CR-2015-0161
Plaintiff-Appellee GERALD ANDERSON II 27 North Fifth Street
Defendant-Appellant RICHARD CROSBY III 600 Vine Street, Suite
2650 Cincinnati, OH 45202
Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. Craig
R. Baldwin, J. Judge.
Appellant Christopher M. Hendricks ["Hendricks"]
appeals from the March 15, 2017 re-sentencing entry of the
Muskingum County Court of Common Pleas.
and Procedural History
Hendricks entered guilty pleas to: Count I, aggravated
burglary pursuant to R.C. 2911.11(A)(2), a felony of the
first degree; Counts II through V, kidnapping pursuant to
R.C. 2905.01 (A)(2), all felonies of the first degree; Counts
VI through VIII, kidnapping pursuant to R.C. 2905.01(A)(3),
all felonies of the first degree; Counts IX through XIII,
aggravated robbery pursuant to R.C. 2911.01 (A)(1), all
felonies of the first degree; and Count XIV, having weapons
while under disability pursuant to R.C. 2923.13(A)(2), a
felony of the third degree. Counts I through XIII are
accompanied by firearm specifications pursuant to R.C.
2941.145. See, State v. Hendricks, 5th Dist.
Muskingum No. CT2016-0010, 2017-Ohio-259');">2017-Ohio-259 ["Hendricks
Hendricks raised six assignments of error on appeal.
Hendricks I. We overruled five of Hendricks'
assignments of error; however based on our decision in
State v. Richard-Bey, 5th Dist. Muskingum No.
CT2010-Ohio-0051, we found "the trial court's
language in the sentencing entry does not adequately comply
with R.C. 2929.19(B)(2). Appellant's sixth assignment of
error is sustained and this matter is remanded for
Prior to re-sentencing, Hendricks filed a Motion to Withdraw
his Guilty Plea in the trial court on February 17, 2017.
Hendricks also filed on the same date a "Notice of
Intention to Plead Affirmative Defenses."
In his written motion, Hendricks set forth no grounds in
support of his motion to withdraw his previously entered
guilty plea. Hendricks' one paragraph motion to plead
Affirmative Defenses stated, "that he may use a defense
in this matter the affirmative defenses of self-defense,
duress and/or necessity."
The trial court addressed the motions at the re-sentencing
hearing held February 27, 2017,
MR. CROSBY: Your Honor, again, good afternoon. Pending before
you there is a motion to withdraw the plea -- the plea
previously entered. Based upon Criminal Rule 32 and
precedent, there's sufficient reasons which basically we
feel would warrant to withdraw the plea.
THE COURT: What would that be?
MR. CROSBY: Your Honor, first off, Mr. Hendricks entered the
plea. He didn't enter it knowingly, ...