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State v. Baugh

Court of Appeals of Ohio, Eleventh District, Trumbull

June 25, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
ANTONIO DELSHAWN BAUGH, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2014 CR 00781.

          Dennis Watkins, Trumbull County Prosecutor, and Ashleigh Musick, For Plaintiff-Appellee.

          Michael A. Partlow, 112 South Water Street, Suite C, Kent, For Defendant-Appellant.

          OPINION

          DIANE V. GRENDELL, J.

         {¶1} Defendant-appellant, Antonio Delshawn Baugh, appeals the denial of his Motion to Vacate Judgment and Withdraw Guilty Plea pursuant to Criminal Rule 32.1. The issue before this court is whether a trial court abuses its discretion in denying a postsentence motion to withdraw a guilty plea where the movant failed to file a direct appeal; waited almost two years before filing the motion; failed to include a transcript of the plea hearing; the movant's claims are contradicted by the terms of the signed plea agreement; and there is no indication that the movant's purported misunderstanding that he was eligible to earn credit toward satisfaction of his prison term induced him to plead guilty. For the following reasons, we affirm the decision of the court below.

         {¶2} On June 30, 2015, Baugh entered a plea of guilty to Trafficking in Cocaine (Count 1) and Possession of Cocaine (Count 2), both counts having forfeiture specifications.

         {¶3} With respect to Trafficking and Possession, the signed plea agreement provided:

I further understand the consequences of entering this plea, including the penalties, which can be from:
Mandatory prison term of 2, 3, 4, 5, 6, 7, or 8 years and up to $15, 000.00 fine.
The prison term for this offense is presumed necessary and is mandatory.

(Emphasis sic.)

The signed plea agreement further provided:
I understand that if I am sent to prison, I may be eligible to earn one or five days of credit for each completed month during which I productively participate in an education program, vocational training, employment in prison industries, treatment for substance abuse, or any other constructive program developed by the Ohio Department of Corrections. However, these credits are not automatically awarded but must be earned.
I have been informed by the Court, and understand, that I am (not) eligible for probation or community control sanction. * * * Additionally, I expressly acknowledge and understand, that under the terms of this plea agreement and/or relevant law ...

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