Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hicks

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 17, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
BISHOP J. HICKS DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-613700-C

          ATTORNEYS FOR APPELLANT Mark Stanton Cuyahoga County Public Defender By: Frank Cavallo Assistant Public Defender.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Ashley B. Kilbane Anthony Thomas Miranda Assistant Prosecuting Attorneys

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

          JOURNAL ENTRY AND OPINION

          FRANK D. CELEBREZZE, JR., J.

         {¶1} Defendant-appellant, Bishop Hicks, brings the instant appeal challenging his conviction for attempted aggravated robbery. Specifically, Hicks argues that the trial court abused its discretion by failing to hold a hearing on his motion to withdraw his guilty plea and that he was denied his constitutional right to the effective assistance of counsel. After a thorough review of the record and law, this court affirms.

         I. Factual and Procedural History

         {¶2} In Cuyahoga C.P. No. CR-17-613700-C, Hicks was charged for his involvement in an incident that occurred on January 23, 2017, during which Hicks and his codefendants, Eric Henderson and Javon Mason, robbed an individual at gunpoint. On January 31, 2017, the Cuyahoga County Grand Jury returned a four-count indictment charging Hicks with (1) aggravated robbery, a first-degree felony in violation of R.C. 2911.01(A)(1), with one- and three-year firearm specifications; (2) robbery, a second-degree felony in violation of R.C. 2911.02(A)(2), with one- and three-year firearm specifications; (3) kidnapping, a first-degree felony in violation of R.C. 2905.02(A)(2), with one- and three-year firearm specifications; and (4) carrying a concealed weapon, a fourth-degree felony in violation of R.C. 2923.12(A)(2), with a forfeiture of a weapon specification and a furthermore clause alleging that the weapon involved was a firearm that was either loaded or for which Hicks had ammunition ready at hand.

         {¶3} At his initial appearance on January 31, 2017, the trial court declared Hicks to be indigent and assigned counsel to represent him. Hicks was arraigned on February 3, 2017. He pled not guilty to the indictment.

         {¶4} The parties reached a plea agreement. The state amended Count 1 to attempted aggravated robbery, a second-degree felony with a one-year firearm specification. The state deleted the three-year firearm specification charged in Count 1. On June 6, 2017, Hicks pled guilty to Count 1 as amended. Counts 2, 3, and 4 were nolled. The trial court ordered a presentence investigation report, a drug and alcohol treatment report, and a mental health assessment from the court psychiatric clinic, and set the matter for sentencing.

         {¶5} The trial court held a sentencing hearing on July 6, 2017. The trial court sentenced Hicks to three years in prison: one year in prison on the firearm specification to be served consecutively with a prison term of two years for the attempted aggravated robbery offense. The trial court journalized its sentencing entry on July 14, 2017.

         {¶6} On July 12, 2017, Hicks, through new counsel, filed a motion to withdraw his guilty plea. Therein, Hicks requested to withdraw his guilty plea based on (1) his severe Attention Deficit Hyperactivity Disorder ("ADHD") that affects his ability to focus on and comprehend matters of importance, (2) the fact that he did not understand the nature of his guilty plea, and (3) the fact that he previously expressed his desire not to plead guilty to both counsel that was originally assigned to represent him and to the trial court. The state filed a brief in opposition on July 21, 2017.

         {¶7} Before the trial court ruled on Hicks's motion to withdraw his guilty plea, Hicks filed the instant appeal challenging his conviction on August 9, 2017.

         {¶8} On December 5, 2017, the trial court denied Hicks's motion to withdraw his guilty plea. The trial court concluded that Hicks failed to demonstrate a manifest injustice that warranted withdrawal and that Hicks's motion was merely based on a "change of heart."

         {¶9} In the instant appeal, Hicks assigns two errors for review:

I. The trial court abused its discretion by failing to hold a hearing on appellant's oral motion to withdraw his guilty plea.
II. Appellant was denied effective assistance of counsel at his sentencing when his defense attorney refused to argue his plainly expressed wishes to withdraw his guilty plea.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.