Court of Appeals of Ohio, Fifth District, Muskingum
from the Court of Common Pleas, Case No. 2012-CR-0101
Plaintiff-Appellee TAYLOR P. BENNINGTON
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.
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.
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
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. ...