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State v. Conley

Court of Appeals of Ohio, Ninth District, Lorain

July 8, 2019

STATE OF OHIO Appellee
v.
NOAH CONLEY Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 17CR097259

          DONALD GALLICK, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and BRIAN P. MURPHY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, PRESIDING JUDGE

         {¶1} Appellant, Noah Conley, appeals from the judgment of the Lorain County Court of Common Pleas. This Court affirms.

         I.

         {¶2} Mr. Conley pled guilty to two counts of improperly discharging a firearm at or into a habitation or school safety zone, felonies of the second degree, one count of menacing by stalking, a felony of the fourth degree, one count of receiving stolen property, a felony of the fourth degree, and one count of aggravated menacing, a misdemeanor of the first degree. The felonies were all accompanied by firearm specifications. The trial court sentenced him to an aggregate total prison term of five years.

         {¶3} Mr. Conley moved this Court for leave to file a delayed appeal, which was granted. He now appeals from the trial court's judgment and raises two assignments of error for our review.

          {¶4} Because Mr. Conley's assignments of error are related, we will consolidate them and address them together.

         II.

         ASSIGNMENT OF ERROR ONE

         APPELLANT SUFFERED A DEPRIVATION OF HIS CONSTITUTIONAL RIGHTS BECAUSE THE TRIAL COURT ACCEPTED THE FELONY GUILTY PLEAS BEFORE EXPLAINING THE CONSTITUTIONAL RIGHTS BEING SURRENDERED IN VIOLATION OF CRIMINAL RULE 11.

         ASSIGNMENT OF ERROR TWO

         THE FELONY PLEAS MUST BE VACATED BECAUSE THE TRIAL COURT FAILED TO STRICTLY COMPLY WITH OHIO CRIMINAL RULE 11(C)(2) BEFORE ASKING CONLEY IF HE WISHED TO PLEAD ...


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