Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
Nos. CR-16-606590-A and CR-16-607843-A
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
LASTER MAYS, P.J.
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.
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.
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.
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.
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.
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
trial court abused its discretion in denying appellant's
presentencing motion to withdraw his plea of guilty.