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State v. Croskey

Court of Appeals of Ohio, Fifth District, Richland

May 24, 2018

STATE OF OHIO Plaintiff-Appellee
v.
ANTONIO CROSKEY Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 2016 CR 0580

          For Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY JOSEPH C. SNYDER ASSISTANT PROSECUTOR

          For Defendant-Appellant ANTONIO CROSKEY PRO SE

          JUDGES: Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, John, P. J.

         {¶1} 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:

         {¶2} 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)).

         {¶3} 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.

         {¶4} 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.[1]

         {¶5} 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.

         {¶6} 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.

         {¶7} Appellant filed a notice of appeal on December 13, 2017. He herein raises the following sole Assignment of Error:

{¶8}

...


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