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State v. Groves

Court of Appeals of Ohio, Fifth District, Fairfield

December 5, 2019

STATE OF OHIO, Plaintiff-Appellee
v.
ZAKARY GROVES, Defendant-Appellant

          Appeal from the Fairfield County Municipal Court, Case No. 19-CRB-703

         JUDGMENT: Affirmed

          For Plaintiff-Appellee MITCHELL R. HARDEN City of Lancaster Law Director & Prosecutor's Office Assistant City Prosecutor

          For Defendant-Appellant NICHOLAS FAGNANO Burkett & Sanderson, Inc.

          Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Zakary Groves appeals the decision of the Fairfield County Municipal Court accepting his plea of guilty contending that he did not enter the plea knowingly, intelligently and voluntarily. Appellee is the State of Ohio.

         STATEMENT OF FACTS AND THE CASE

         {¶2} The facts leading up to the charges filed against Appellant are not pertinent to the resolution of the Appeal and are therefore omitted from this opinion.

         {¶3} Appellant was initially charged with a lengthy list of offenses in different cases. The charges included one count of Falsification (R.C. 2921.13(A)(3)), two counts of Criminal Trespass (R.C. 2911.21(A)(1) and (A)(3) respectively), Criminal Damaging (R.C. 2909.06(A)(1)), Criminal Trespass (R.C. 2911.21(A)(4)), Aggravated Menacing (R.C. 2903.21), one count of Aggravated Trespass (R.C. 2911.211(A)), one count of Criminal Damaging (R.C. 2909.06(A)(1)), and one count of Menacing (R.C. 2903.22). He entered a plea of not guilty to all charges and subsequently changed his plea to guilty to one count of Aggravated Trespass and one count of Criminal Trespass with the balance of the charges dismissed as part of a plea agreement.

         {¶4} At the sentencing hearing, the trial court reviewed the change of plea form and questioned Appellant regarding his understanding of the rights he was waiving by entering his guilty plea. Appellant engaged in an exchange with the trial court and he was represented by competent counsel, who confirmed that he had advised Appellant of the consequences of a guilty plea.

         {¶5} Appellant's initial attempt to appeal was dismissed as being time barred. He filed a motion for leave to file a delayed appeal, Appellee did not object, and we granted his request. He then filed an appeal with a sole assignment of error:

         {¶6} "I. THE TRIAL COURT COMMITTED HARMFUL ERROR IN ACCEPTING THE GUILTY PLEA OF THE DEFENDANT-APPELLANT."

         STANDARD ...


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