from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Michael P. Walton, for
R. Todd, for appellant.
Michael P. Walton.
1} Mykel Small, defendant-appellant, appeals from
the judgment of the Franklin County Court of Common Pleas, in
which the court denied appellant's motion to withdraw
2} As relevant to the present appeal, in 2011,
appellant was charged with aggravated possession of drugs, a
first-degree felony, and aggravated possession of drugs, a
third-degree felony. The charges arose from a shipment of 1,
405 Oxycodone 30-milligram pills and 50 Oxycodone
15-milligram pills sent to appellant. Police intercepted the
package and conducted a controlled delivery, after which they
conducted a search of appellant's residence. Appellant
claimed he only expected the 30-milligram pills and did not
know the 15-milligram pills would be in the package.
3} Prior to trial, appellant's trial counsel
sent him a letter advising him of the plea offer. In the
letter, trial counsel indicated the first count carried a
mandatory prison sentence of 3 to 10 years, and the second
count carried a presumption in favor of prison for a term
between 9 and 36 months. Trial counsel indicated therefore,
if convicted, appellant would face a potential maximum prison
term of 13 years.
4} On November 18, 2013, appellant entered a plea of
guilty to aggravated possession of drugs, a first-degree
felony, and the trial court dismissed the third-degree felony
possession of drugs charge. On July 29, 2014, the trial court
sentenced appellant to eight years on the first-degree felony
aggravated possession of drugs count.
5} Appellant appealed multiple judgments, which also
included other charges, and, in State v. Small, 10th
Dist. No. 14AP-659, 2015-Ohio-3640, this court remanded the
matter to the trial court for resentencing.
6} On December 3, 2014, appellant filed a motion to
withdraw guilty plea, in which he contended his plea was not
knowing, intelligent, and voluntary. On May 19, 2015,
appellant filed a supplemental memorandum in support of his
motion to withdraw guilty plea. In these pleadings, appellant
asserted, among other things, that because the two pertinent
charges were allied offenses, he could only be convicted of
one of the charges, contrary to what his ...