from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Laura R. Swisher, for
appellee., Andrew P. Avellano, for appellant.
R. Swisher, Andrew P. Avellano.
1} Defendant-appellant, Calvin Griffin, appeals a
June 12, 2017 decision on motion of the Franklin County Court
of Common Pleas denying his post-sentencing motion to
withdraw a guilty plea entered nearly five years earlier that
resulted in a ten-year prison sentence. Because we find that
the trial court did not abuse its discretion denying
Griffin's post-sentencing request to withdraw his guilty
plea, we affirm the trial court's judgment.
FACTS AND PROCEDURAL HISTORY
2} On July 1, 2010, Griffin was indicted in case No.
10CR-3850 for possession of a weapon while under a disability
and felonious assault with a gun specification. While that
case was pending, Griffin was indicted in three more cases,
Nos. 12CR-470, 12CR-1407, and 12CR-1543 for various drug and
weapons offenses. Griffin was also reindicted, in case No.
12CR-2434, for the same offenses set forth in No. 10CR-3850,
but this time with the addition of a "drive-by"
specification as set forth in R.C. 2941.146; i.e.,
"committing a felony that includes, as an essential
element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another and that was
committed by discharging a firearm from a motor vehicle other
than a manufactured home."
3} Following guilty verdicts in case No. 12CR-470,
Griffin pled guilty to all counts in case No. 12CR-1407 and
No. 12CR-1543, and also pled guilty to the felonious assault
charge in case No. 12CR-2434. (Aug. 10, 2012 Jgmt. Entry case
No. 12CR-2434 at 1; Aug. 10, 2012 Jgmt. Entry in case No.
12CR-470 at 1, Ex. 5 to Mar. 28, 2017 Mot. to Withdraw Plea.)
The weapon under disability count in case No. 12CR-2434 was
dismissed as was case No. 10CR-3850. (Aug. 10, 2012 Jgmt.
Entry case No. 12CR-2434 at 1.) In case No. 12CR-2434, the
trial court sentenced Griffin to four years on the felonious
assault count and five years on the drive-by specification,
to be served consecutively to the four years for felonious
assault. Id. at 2. The trial court imposed this
sentence consecutively to a one-year specification imposed in
case No. 12CR-470. Id. The sentences in the other
cases were: four years plus the one-year consecutive
specification for case No. 12CR-470, one year for case No.
12CR-1407, and one year for case No. 12CR-1543. (Aug. 10,
2012 Jgmt. Entry in case No. 12CR-470 at 2, Ex. 5 to Mot. to
Withdraw Plea; Feb. 22, 2017 Sentence Computation, Ex. 3 to
Mot. to Withdraw Plea.) Except for the four-year sentence in
case No. 12CR-2434, which was consecutive to the five-year
specification and the one-year specification in case No.
12CR-470, all sentences in all the cases were to be served
concurrently with each other. (Aug. 10, 2012 Jgmt. Entry case
No. 12CR-2434 at 2; Aug. 10, 2012 Jgmt. Entry in case No.
12CR-470 at 2; Feb. 22, 2017 Sentence Computation.) In short,
the total term of incarceration imposed was ten years. (Aug.
10, 2012 Jgmt. Entry case No. 12CR-2434 at 2.)
4} Griffin appealed case No. 12CR-470 alleging that
he was deprived of the right to counsel of his choice when
the trial court refused to appoint new counsel on the morning
of trial and that he was denied effective assistance of
counsel when his counsel failed to file a motion to suppress
certain evidence against him. State v. Griffin, 10th
Dist. No. 12AP-798, 2013-Ohio-5389, ¶ 5. This Court
overruled both of Griffin's assignments of error and
affirmed. Id. at ¶ 22, in passim. Griffin did
not timely appeal any of his other cases.
5} On March 28, 2017, Griffin filed a motion to
withdraw his guilty plea in case No. 12CR-2434. (Mar. 28,
2017 Mot. to Withdraw Plea.) In his motion, he argued that he
should be permitted to withdraw his plea based on
counsel's alleged failure to advise him competently of an
offer by the prosecution to resolve all of his pending cases
for a total prison term of six years. Id. in passim.
Griffin also argued that the proper remedy is for the
six-year deal to be reinstated such that Griffin's
sentence in all cases does not exceed six years. Id.
at 18. The motion was apparently not filed in any of his
other cases, Nos. 12CR-470, 12CR-1407, or 12CR-1543, none of
which contained sentences beyond six years.
6} Following briefing by the State and a reply in
support by Griffin, the trial court issued a decision on June
12, 2017. (June 12, 2017 Decision on Mot.) It found that
transcripts showed that Griffin was apprised of more than one
plea deal throughout the course of proceedings, including the
six-year offer and that he rejected all of them. Id.
at 1-2. Griffin now appeals that ruling but has not attempted
to appeal any of his other cases in relation to his motion.
ASSIGNMENT OF ERROR
7} Griffin asserts a single assignment of error for
The trial court erred in denying Appellant's motion to
withdraw his guilty plea and reinstate a "global"
plea deal to resolve four pending cases, as Appellant was
denied effective assistance of counsel in the resolution of
his guilty plea in said cases, in violation of the Ohio
Constitution, Article I, Section 10 and in violation the 6th
and 14th Amendments to the U.S. Constitution.
8} When a defendant seeks to withdraw his or her
guilty plea after sentence is imposed, the court "may
set aside the judgment of conviction and permit the defendant
to withdraw his or her plea" in order "to correct
manifest injustice." Crim.R. 32.1; see also State v.
Reeder, 12th Dist. No. CA2013-05-075, 2014-Ohio-2233,
¶ 23. The accused has the burden of showing a manifest
injustice warranting the withdrawal of a guilty plea.
State v. Smith, 49 Ohio St.2d 261');">49 Ohio St.2d 261 (1977),
paragraph one of the syllabus.
The decision whether to hold a hearing on a postsentence
motion to withdraw guilty plea and whether to grant or deny
the motion is left to the discretion of the trial court. 
Smith, 49 Ohio St.2d 261');">49 Ohio St.2d 261 , paragraph two of the
syllabus * * *. Therefore, this court's review of the
trial court's denial of a post-sentence motion to
withdraw a guilty plea or the decision not to hold a hearing
is limited to a determination of whether the trial court
abused its discretion. State v. Conteh, 10th Dist.
No. 09AP-490, 2009-Ohio-6780, ¶ 16.
State v. Chandler, 10th Dist. No. 13AP-452,
2013-Ohio-4671, ¶ 8. "Although an abuse of
discretion is typically defined as an unreasonable,
arbitrary, or unconscionable decision, we note that no court
has the authority, within its discretion, to commit an error
of law." (Citations omitted.) Id., citing
State v. Beavers, 10th Dist. No. 11AP-1064,