Court of Appeals of Ohio, Fifth District, Muskingum
from the Muskingum County Court of Common Pleas, Case No.
Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney
Muskingum County, Ohio By: GERALD V. ANDERSON II Assistant
Defendant-Appellee JOSEPH N. PHILLIPS Amato Law Office, L.P.
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, J.
Wenross S. Perry appeals the decision of the Muskingum County
Court of Common Pleas denying his request to withdraw his
guilty plea. Appellee is the State of Ohio.
OF FACTS AND THE CASE
The facts leading to Appellants arrest are unnecessary for
the consideration and resolution of the issues before this
court and are therefore omitted.
Appellant was charged with possession of drugs with a
forfeiture specification, a third degree felony in violation
of R.C. 2925.11(A) as well as trafficking in drugs with a
forfeiture specification, also a third degree felony in
violation of R.C. 2925.03(A)(2).
Appellant entered a plea of not guilty on May 17, 2017, then
changed his plea to guilty to one count of violating
2925.03(A)(2), trafficking in drugs, on June 19, 2017. (The
violation of R.C. 2925.11(A) was dismissed by the state.)
During the plea hearing, the following exchange occurred:
THE COURT: And you understand that you are a resident of the
United States but you're not a United States citizen to
the point that by entering this plea you could be deported?
THE DEFENDANT: Yes, sir.
THE COURT: You also understand you have a right to contact
your consulate and that type of thing, if you need to. You
THE DEFENDANT: Yes, sir.
THE COURT: And that could also be a possible consequence to
you entering the plea. You understand that? THE DEFENDANT:
THE COURT: I normally would as at this point in time, are you
a U.S. citizen?
THE DEFENDANT: I'm a resident of the United States.
Hearing, June 19, 2017, pp. 8-10.
Appellant's guilty plea was accepted and he was sentenced
to a twelve month prison term, given eighty-three days credit
for time served and ordered to forfeit $5, 055.00 that was on
his person when he was arrested.
On November 20, 2017, Appellant received a Notice to Appear
in Immigration Court. Removal proceedings were initiated as a
result of his conviction in this case pursuant to Sections
2327(a)(2)(A)(iii) and 237(a)(2)(B)(i) of the Immigration and
Appellant filed a motion to withdraw his guilty plea as a
result of the initiation of the deportation proceedings. He
attached his affidavit containing the following statements:
2. Affiant states that he is a lawful permanent resident of
the United States; he is not a United States Citizen.
3. Affiant states that he is a citizen of Jamaica.
4. Affiant states that he pled guilty to one count of
Trafficking in Drugs -Marijuana, with a forfeiture
specification, in violation of R.C. § 2925.03(A)(2), a
third degree felony, in Muskingum County Court of Common
Pleas case number CR2017-0179 on June 19, 2017.
5. Affiant states that he was not given any explanation of
his rights or the consequences of entering his plea, and
further, that he did not understand the consequences of his
plea and was not aware that a conviction for the ...