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State v. Suntoke

Court of Appeals of Ohio, Fifth District, Muskingum

June 10, 2019

STATE OF OHIO Plaintiff-Appellee
v.
KALI S. SUNTOKE Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 2012-CR-0101

          For Plaintiff-Appellee TAYLOR P. BENNINGTON

          For Defendant-Appellant KALI S. SUNTOKE, PRO SE

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Kali S. Suntoke, appeals the October 22, 2018 journal entry of the Court of Common Pleas of Muskingum County, Ohio denying his motion to withdraw guilty plea or no contest. Plaintiff-Appellee is state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On April 26, 2012, the Muskingum County Grand Jury indicted appellant on thirty-three counts of pandering obscenity involving a minor in violation of R.C. 2907.321. On April 9, 2013, appellant pled no contest to sixteen of the counts. By entry filed April 10, 2013, the trial court found appellant guilty.

         {¶ 3} A sentencing hearing was held on June 3, 2013. Appellant presented a handwritten motion to withdraw his pleas. The trial court entertained arguments and denied the motion. By entry filed June 6, 2013, the trial court sentenced appellant to seven years in prison. The remaining counts were nolled.

         {¶ 4} Appellant filed an appeal, challenging in part the trial court's denial of his motion to withdraw his pleas. Thereafter, on February 7, 2014, appellant filed a petition for postconviction relief, claiming ineffective assistance of counsel. By journal entry filed February 11, 2014, the trial court denied the petition.

         {¶ 5} On April 2, 2014, this court affirmed appellant's convictions and sentence. State v. Suntoke, 5th Dist. Muskingum No. CT2013-0032, 2014-Ohio-1431.

         {¶ 6} Appellant filed an appeal on the denial of his postconviction petition. On July 21, 2014, this court affirmed the decision. State v. Suntoke, 5th Dist. Muskingum No. CT2014-0017, 2014-Ohio-3320.

         {¶ 7} On October 17, 2018, appellant filed a motion to withdraw guilty plea or no contest, claiming his pleas were not knowingly and voluntarily made. By journal entry filed October 22, 2018, the trial court denied the motion.

         {¶ 8} Appellant filed an appeal and this matter is now before this court for consideration. ...


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