FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2016-11-3758
P. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. SCHAFER, JUDGE
Jamarr King appeals the denial of his motion to withdraw his
guilty plea in the Summit County Court of Common Pleas. For
the reasons that follow, this Court affirms.
Mr. King was initially indicted by the Summit County Grand
Jury on December 2, 2016 with one count of trafficking in
heroin in violation of R.C. 2925.03(A)(C)(6), a felony of the
fifth degree. On May 2, 2017, the Summit County Grand Jury
issued a supplemental indictment charging Mr. King with the
following two additional counts: involuntary manslaughter in
violation of R.C. 2903.04(A), a felony of the first degree;
corrupting another with drugs in violation of R.C.
2925.02(A)(3), a felony of the second degree; corrupting
another with drugs in violation of R.C. 2925.02(A)(4)(a), a
felony of the second degree; aggravated trafficking in drugs
in violation of R.C. 2925.03(A)(1)(C)(1), a felony of the
third degree; four separate counts of trafficking in heroin
in violation of R.C. 2925.03(A)(1)(C)(6), each a felony of
the fourth degree; and two separate counts of trafficking in
marijuana in violation of R.C. 2925.03(A)(1)(C)(3), each a
felony of the fourth degree. Mr. King entered a plea of not
guilty to all charges.
The matter was scheduled to proceed to trial on August 13,
2018. Prior to the commencement of trial, Mr. King and the
State reached a plea agreement. The State dismissed the
charges of involuntary manslaughter, and the two counts of
corrupting another with drugs in exchange for Mr. King
entering a guilty plea on all remaining counts. There was no
agreement as to sentencing. The matter was then set over for
a sentencing hearing.
Prior to the sentencing hearing, Mr. King filed a pro se
motion to withdraw his guilty plea. The State opposed Mr.
King's motion. The trial court held a hearing on the
motion on September 19, 2018. Upon the conclusion of the
hearing, the trial court overruled Mr. King's motion and
again set the matter over for sentencing.
Following the sentencing hearing, the trial court sentenced
Mr. King to one year for trafficking in heroin, three years
for aggravated trafficking in drugs, and eighteen months each
for the four fourth degree felony trafficking in heroin
charges, and eight months each for the two fourth degree
felony trafficking in marijuana charges. The trial court
ordered that all the sentences be served concurrently, for a
total of three years in prison.
Mr. King timely appealed his conviction and sentence raising
one assignment of error for our review.
trial court abused its discretion when it denied [Mr.
King's] motion to withdraw ...