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State v. Campbell

Court of Appeals of Ohio, Eighth District, Cuyahoga

February 22, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DEESHAWN T. CAMPBELL DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-16-606590-A and CR-16-607843-A

          Britta M. Barthol ATTORNEY FOR APPELLANT

          Michael C. O'Malley Cuyahoga County Prosecutor, Brian Radigan, Kerry A. Sowul ATTORNEYS FOR APPELLEE

          BEFORE: Laster Mays, P.J., Celebrezze, J., and Keough, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, P.J.

         {¶1} Defendant-appellant, Deeshawn T. Campbell ("Campbell"), appeals his convictions and sentence, and asks this court to vacate his convictions and remand to the trial court for further proceedings. We affirm.

         {¶2} Campbell was charged with committing criminal violations in two separate cases. The state and Campbell entered into a plea agreement where Campbell pleaded guilty to various counts in both cases for an aggregate sentence of 25 years. Campbell's appeal of his guilty plea only concerns the facts of one of the cases. For this reason, the facts recited here will focus only on that case.[1]

         {¶3} Campbell pleaded guilty to one count of involuntary manslaughter, a first-degree felony, in violation of R.C. 2903.04, a three-year firearm specification on the involuntary manslaughter count, and one count of felonious assault, a second-degree felony, in violation of R.C. 2903.11(A)(1). He was sentenced to a total of 25 years in prison and received 180 days of jail-time credit. He was also advised that he would be subject to a mandatory five-year period of postrelease control upon his release from prison.

         I. Facts

         {¶4} On June 30, 2016, Campbell and the victim were inside a convenient store. The store video monitor captured the confrontation between the two without sound. Campbell was holding a bag, and the victim looked down into the bag. The victim reached for the bag and a physical altercation ensued. Campbell ultimately shot the victim one time and he fled the store. Campbell claimed that he asked the victim for change and the victim became aggressive with him. Campbell stated that he thought the victim was trying to rob him, and Campbell shot him because he was fearful for his life.

         {¶5} Campbell entered into a plea agreement with the state. The trial court complied with all of the Crim.R. 11 requirements. At the sentencing hearing, the trial court allowed the victim's mother and close friend to speak about the victim and the pain his death has caused them. Campbell then informed his attorney that he wanted to withdraw his guilty plea because he was upset with how the victim's family recounted the facts in the case.

         {¶6} The trial court asked Campbell if it was his intention to withdraw his guilty plea. Campbell stated, "Yes, your Honor. I would like to withdraw my guilty plea. I would like to go through with this. I would like the family - everyone to know the real situation that's at hand." (Tr. 168.) The trial court responded, "Well, you can tell me that without withdrawing your guilty plea." (Tr. 168.) Then the trial court instructed Campbell to speak with his counsel. After consulting with counsel, Campbell and his counsel stated that they were ready to proceed with the plea of guilty. However, Campbell wanted an opportunity to tell the court his version of the events that led to the death of the victim. The court allowed Campbell to recite the facts as he understood them. The court then proceeded with sentencing. Campbell filed this timely appeal assigning one error for our review:

         I. The trial court abused its discretion in denying appellant's presentencing motion to withdraw his plea of guilty.

         II. ...


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