Court of Appeals of Ohio, Fifth District, Richland
Criminal Appeal from the Court of Common Pleas, Case No. 2016
Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY JOSEPH C.
SNYDER ASSISTANT PROSECUTOR
Defendant-Appellant ANTONIO CROSKEY PRO SE
JUDGES: Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon.
Earle E. Wise, Jr., J.
John, P. J.
Defendant-Appellant Antonio G. Croskey appeals the decision
of the Court of Common Pleas, Richland County, denying his
post-sentence motion to withdraw guilty plea.
Plaintiff-Appellee is the State of Ohio. The relevant
procedural facts leading to this appeal are as follows:
On September 7, 2016, appellant was indicted by the Richland
County Grand Jury on five felony counts of trafficking in
heroin (under various subsections of R.C. 2925.03(A) and
(C)), one felony count of possession of heroin (R.C.
2925.11(A)/(C)(6)(e)), and two misdemeanor counts of
endangering children (R.C. 2919.22(A)).
On March 17, 2017, appellant appeared with counsel before the
trial court and, pursuant to a plea deal, entered a plea of
guilty to the charges in the indictment in exchange for the
State recommending a total prison term of ten years.
Appellant was thus sentenced on April 28, 2017 to a total of
ten years in prison, with the trial court in particular
merging Count 5 (possession of heroin, R.C.
2925.11(A)/(C)(6)(e), a first-degree felony) into Count 6
(trafficking in heroin, R.C. 2925.03(A)(2)/(C)(6)(f), also a
first-degree felony), and running the remaining sentences on
Counts 1, 2, 3, 4, 7, and 8 concurrently. A written
sentencing entry was issued on May 8, 2017.
On November 6, 2017 appellant filed a pro se motion
to withdraw his guilty plea, relying on Crim.R. 32.1. He
attached his own affidavit in support.
On November 17, 2017, the trial court issued a judgment entry
denying the motion to withdraw guilty plea. On the same day,
the trial court issued a nunc pro tunc sentencing
entry, apparently to remove earlier language that the entire
prison sentence had been a joint recommendation.
Appellant filed a notice of appeal on December 13, 2017. He
herein raises the following sole Assignment of Error: