Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas, Case No. 2014 CR 00781.
Watkins, Trumbull County Prosecutor, and Ashleigh Musick, For
Michael A. Partlow, 112 South Water Street, Suite C, Kent,
V. GRENDELL, J.
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
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.
With respect to Trafficking and Possession, the signed plea
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.
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 ...