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State v. King

Court of Appeals of Ohio, Ninth District, Summit

August 7, 2019

STATE OF OHIO Appellee
v.
JAMARR KING Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2016-11-3758

          NEIL P. AGARWAL, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, JUDGE

         {¶1} 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.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} Mr. King timely appealed his conviction and sentence raising one assignment of error for our review.

         II.

         Assignment of Error

         The trial court abused its discretion when it denied [Mr. King's] motion to withdraw ...


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