Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas, Case No. 2012 CR 786.
Watkins, Trumbull County Prosecutor; Gabriel M. Wildman,
Assistant Prosecutor; and Ashleigh Musick, Assistant
Prosecutor, Administration Building, (For
Derrick Dee Peete, pro se, PID: A653-015, Allen Correctional
R. WRIGHT, P.J.
Appellant, Derrick Dee Peete, appeals the denial of his
post-sentencing motion to withdraw his guilty plea without a
hearing. We affirm.
In November 2012, a six-count indictment was returned against
appellant, charging him with aggravated murder, tampering
with evidence, improperly discharging a firearm into a
habitation, attempted aggravated murder, felonious assault,
and having a weapon while under a disability based upon an
incident in which two separate victims were shot during an
exchange of gunfire. Four of the six counts had firearm
Beginning in December 2012, appellant's trial counsel
moved for, and was granted, four continuances of pretrial
hearings. In October 2013, his counsel moved to continue the
jury trial, scheduled for November 12, 2013. Counsel
requested that the trial be postponed until after final
disposition of a pending federal case against appellant. The
motion was overruled and appealed. The appeal was ultimately
dismissed for lack of a final appealable order, but trial was
postponed until March 2014.
Approximately four days before trial, consistent with plea
negotiations, the state moved to amend the first count of the
indictment from aggravated murder to murder, a first-degree
felony under R.C. 2903.02(A), and dismissal of the four
firearm specifications. The motion was granted and appellant
pleaded guilty to the amended indictment.
The court accepted the guilty plea and found him guilty on
all six charges, as amended. Appellant waived his right to a
presentencing investigation. The trial court accepted the
joint sentencing recommendation and ordered appellant to
serve a prison term of fifteen years to life on the murder
charge. The court then imposed separate terms for the
remaining five charges to be served concurrently with each
other and the life sentence on the murder charge.
Over four years later, in September 2018, appellant moved to
withdraw his guilty plea under Crim.R. 32.1. First, appellant
maintained that his open court plea was deficient because the
entire plea agreement was not read into the record and the
trial court did not inform him of the total maximum sentence
he could have received on all six charges. Second, he argued
that trial counsel did not provide effective assistance
because she coerced him into accepting the plea, failed to
inform him of the type of evidence the state would have to
present to prove prior calculation and design under the
attempted aggravated murder count, and did not inform him
that two of the six charges could merge for purposes of
sentencing. Appellant's motion is supported with an
affidavit, transcripts of the plea and sentencing, and
disposition of trial counsel's disciplinary proceedings
from an unrelated case.
Within three days the trial court summarily overruled the
Appellant assigns the following as error:
"[1.] The trial court abused its discretion by failing
to hold a hearing on appellant's motion.
"[2.] The trial court abused its discretion by failing
to explain its reasoning ...