from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee ANDREA K. BOYD
Defendant-Appellant DAEMON FORD, PRO-SE
JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A.
Delaney, J. Hon. Craig R. Baldwin J.
1} Defendant-Appellant, Daemon Ford, appeals his
April 28, 2015 sentence by the Court of Common Pleas of Stark
County, Ohio. Appellant also appeals the trial court's
January 18, 2019 judgment entry denying his motion to
withdraw his plea. Plaintiff-Appellee is state of Ohio.
AND PROCEDURAL HISTORY
2} On December 12, 2014, the Stark County Grand Jury
indicted appellant on one hundred twenty-six counts involving
nineteen offenses including drug trafficking (R.C. 2925.03),
drug possession (R.C. 2925.11), conspiracy (R.C. 2923.01),
engaging in a pattern of corrupt activity (R.C. 2923.32), and
having weapons while under disability (R.C. 2923.13).
3} On February 27, 2015, appellant pled guilty to
twelve of the counts, two counts of trafficking in heroin,
two counts of trafficking in cocaine, two counts of
possession of heroin, two counts of possession of cocaine,
two counts of conspiracy to trafficking, one in heroin and
one in cocaine, the corrupt activity count, and the weapons
count. The remaining counts were dismissed. By judgment entry
filed April 28, 2015, the trial court sentenced appellant to
an aggregate term of eight years in prison. Appellant did not
appeal his convictions and sentence.
4} On November 13, 2018, appellant filed a motion to
withdraw his guilty pleas, claiming ineffective assistance of
counsel, his guilty pleas were involuntary and unintelligent,
and plain error in sentencing. By judgment entry filed
January 18, 2019, the trial court denied the motion.
5} Appellant filed an appeal and this matter is now
before this court for consideration. Assignments of error are
6} "I. THE TRIAL COURT ERRED WHEN ACCEPTING A
GUILTY PLEA TO SPECIFIC OFFENSES AND THE CONSPIRACIES OF
COMMITTING THE SPECIFIC OFFENSES THEN SENTENCING APPELLANT
FOR BOTH IN VIOLATION OF THE STATUTORY LAW R.C. 2923.01(G)
THUS VIOLATING 5TH AND 14TH AMENDMENT OF THE U.S.
CONSTITUTION AND OHIO CONSTITUTION ART. 1 SECT. 10 PROCEDURAL
DUE PROCESS OF LAW AND PROTECTION FROM DOUBLE JEOPARDY."
7} "II. EVEN ON AGREED UPON SENTENCE IN
ACCORDANCE WITH R.C. 2953.08(D) TRIAL COURT ERRED AND LACK
THE AUTHORITY TO SENTENCE APPELLANT ON MORE THAN ONE COUNT
PURSUANT TO OHIO REVISED CODE 2923.01 CONSPIRACY (A)(1)(F)
UNDER A SINGLE COUNT INDICTMENT CASE, THUS VIOLATING THE U.S.
CONSTITUTION 5TH AND 14TH AMENDMENT AND OHIO CONSTITUTION
ART. 1. SECT. 10."
8} "III. THE TRIAL COURT ERRED IN FAILING TO
ORDER AN EVIDENTIARY HEARING ON APPELLANT'S MOTION TO
WITHDRAW GUILTY PLEA BASED ON INEFFECTIVE ASSISTANCE OF
COUNSEL THUS VIOLATING PROCEDURAL DUE PROCESS OF THE 5TH, 6TH
AND 14TH AMENDMENT UNDER ...