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State v. Ford

Court of Appeals of Ohio, Fifth District, Stark

July 23, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DAEMON FORD Defendant-Appellant

          Appeal from the Stark County Court of Common Pleas, Case No. 14-CR-1993A

          For Plaintiff-Appellee ANDREA K. BOYD

          For Defendant-Appellant DAEMON FORD, PRO-SE

          JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin J.

          OPINION

          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.

         FACTS 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 as follows:

         {¶ 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 ...


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