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State v. Blasingame

Court of Appeals of Ohio, Fifth District, Stark

December 18, 2019

STATE OF OHIO, Plaintiff - Appellee
v.
ASIA BLASINGAME, Defendant-Appellant

          Appeal from the Stark County Court of Common Pleas, Case No. 2018-CR-1689

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney By: KATHLEEN O. TATARSKY Assistant Prosecuting Attorney.

          For Defendant-Appellant DONALD GALLICK The Law Office of Donald Gallick LLC

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Asia Blasingame appeals the trial court's denial of her motion to withdraw her plea of guilty to charges of violation of possession of cocaine, R.C. 2925.11(A), a fifth degree felony, failure to comply with an order or signal of a police officer, R.C. 2921.331(A) and operating a vehicle under the influence of alcohol or drugs, R.C. 4511.19(A)(1)(a) both first degree misdemeanors. The Appellee is the State of Ohio.

         STATEMENT OF FACTS AND THE CASE

         {¶2} The facts leading to the arrest of Appellant and the charges filed against her are unnecessary for the disposition of the appeal and are therefore omitted.

         {¶3} Appellant was charged with one count of possession of cocaine, a violation of R.C. 2925.11(A), a felony of the fifth degree; one count of failure to comply with an order or signal of a police officer, a violation of R.C. 2921.331 (A), a misdemeanor of the first degree; receiving stolen property, a violation of R.C. 2913.51(A), a misdemeanor of the first degree and operating a vehicle under the influence of alcohol or drugs, a violation of R.C. 4511.19(A)(1)(a) and a misdemeanor of the first degree. Appellant entered a plea of not guilty and was released on bond. The state offered a plea deal in the early stages of the case, but Appellant rejected the offer.

         {¶4} A pre-trial was scheduled for March 25, 2019 and notice of the date and time was sent to Appellant's counsel, but Appellant failed to appear. A capias was issued for her arrest and Appellant, upon learning of the capias, surrendered herself on March 28, 2019 and she was booked into the Stark County Jail. At a pre-trial conducted April 1, 2019, Appellant entered a guilty plea to the charges of possession of cocaine, failure to comply with an order or signal of a police officer and operating a vehicle under the influence of alcohol or drugs. The receiving stolen property charge was dismissed as part of the negotiated plea.

         {¶5} The trial court then questioned Appellant and her counsel about a form that was submitted to the court:

THE COURT: I have in front me what's called a Criminal Rule 11(C) form, ma'am, and I'm going to ask you is this your signature?
THE DEFENDANT: Yes, sir.
THE COURT: And did you read it?
THE DEFENDANT: Yes, sir.
THE COURT: And did you understand it?
THE DEFENDANT: Yes, sir.
THE COURT: And did you have enough time to speak to counsel about it?
THE DEFENDANT: Yes, sir.
THE COURT: And are you satisfied with his services?
THE DEFENDANT: Yes, sir.

         Transcript of Proceedings / Plea, p. 3, ...


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