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State v. Ahmad

Court of Appeals of Ohio, Fifth District, Licking

January 11, 2018

STATE OF OHIO Plaintiff-Appellant
v.
MALIK AHMAD Defendant-Appellee

         Criminal appeal from the Licking County Court of Common Pleas, Case No. 16CR437.

          For Plaintiff-Appellant WILLIAM C. HAYES Licking County Prosecutor BY: PAULA M. SAWYERS

          For Defendant-Appellee MALIK AHMAD PRO SE

          JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. John W. Wise, J.

          OPINION

          GWIN, P.J.

         {¶1} Appellant Malik Ahmad ["Ahmad"] appeals the May 16, 2017 Judgment Entry of the Licking County Court of Common Pleas overruling his motion to withdraw his guilty plea.

         Facts and Procedural History

         {¶2} Ahmad entered a negotiated plea of guilty to Count One-Possession of Cocaine, Count Four-Possession of Heroin, and Count Six-Resisting Arrest. (T. at 15, 18). See, State v. Ahmad, 5th Dist. Licking No. 16-CA-92, 2017-Ohio-6991 [Ahmad I]. The trial court sentenced Ahmad to eight years in prison on Count One, one year in prison on Count Four, and thirty days in jail on Count Six. Counts One and Four were to be served consecutively and Count Six was to be served concurrently, for a total prison term of nine years. The sentencing entry was filed on October 24, 2016. This Court affirmed Ahmad's convictions and sentences. Ahmad I.

         {¶3} During the pendency of the direct appeal, on April 16, 2017 Ahmad filed a motion to withdraw his guilty plea. The trial court overruled the motion by Judgment Entry filed May 16, 2017. Ahmad attempted to appeal the trial court's May 16, 2017 Judgment Entry. In State v. Ahmad, 5th Dist. Licking No. 17-40, this Court dismissed Ahmad's appeal for failure to follow Local Rules of Court. Ahmad filed a pro se Motion for a Delayed Appeal with this Court on September 1, 2017.[1] This Court granted the motion to file a delayed appeal by Judgment Entry filed October 6, 2017.

         Assignments of Error

         {¶4} Ahmad raises five assignments of error, {¶5} "I. THE FAILURE OF FORENSIC SCIENTIST TO PROPERLY FOLLOW THE PROTOCOLS SET FORTH IN 2925.51 VIOLATED APPELLANTS DUE PROCESS PROTECTIONS OF THE UNITED STATES CONSTITUTION AND OHIO CONSTITUTION.

         {¶6} "II. TRIAL COUNSEL FAILED IN HIS ESSENTIAL DUTIES TO APPELLANT/CLIENT.

         {¶7} "III. APPELLANT SUFFERED UNCONSTITUTIONAL PREJUDICE AS A RESULT OF PROSECUTOR'S ACTIONS/INACTION.

         {¶8} "IV. APPELLANTS RIGHTS UNDER THE EQUAL PROTECTION CLAUSE OF THE UNITED STATES CONSTITUTION AND OHIO CONSTITUTION WERE ARBITRARILY DENIED WHILE ALLOWING OTHERS IN AN IDENTICAL OR SIMILAR CIRCUMSTANCE THE OPPORTUNITY FOR REDRESS AND REMEDY IN THE TRIAL COURTS AND COURT OF APPEALS.

         {¶9} "V. APPELLANTS GUILTY PLEA WAS NOT KNOWING, VOLUNTARY OR ...


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