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| State v. Kramer, CASE NO. 2006-P-0055,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, February 2, 2007, Decided
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Overview: Although defendant had until September 1996 to file a timely petition for postconviction relief, he did not file petition until October 2005 and thus, he did not timely file his petition for postconviction relief, pursuant to R.C. § 2953.21(A). He also failed to meet the requirements of R.C. § 2953.23(A) for consideration of an untimely petition.
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| State v. Lynn, C.A. Case No. 21484,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Rendered
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Overview: Although a sentence was imposed pursuant to a plea agreement and the term of imprisonment imposed was within the range established pursuant to that agreement, review thereof was not precluded by R.C. § 2953.08(D); the imposition of the sentence prior to the issuance of the Foster decision required reversal and a remand for resentencing.
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| State v. Montgomery, Appellate Case No. 21507,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Rendered
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Overview: Defendant's entry of an Alford plea to various charges waived any error with respect to a trial court's denial of defendant's motion to suppress evidence; accordingly, his assertion on appeal that the evidence was seized as a result of an unlawful search lacked merit.
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| State v. Montgomery, Appellate Case No. 21508,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Rendered
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Overview: Defendant's more than minimum sentence was reversed on authority of State v. Foster. Defendant's failure to object at sentencing did not waive trial court's error in imposing more than minimum sentence. However, by pleading guilty to offenses, defendant did waive his right to assign error to trial court's previous denial of his motion to suppress.
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| State v. Redmond, C.A. CASE NO. 21500,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Rendered
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Overview: As a trial court completely failed to notify defendant at sentencing that the length of his community control could be extended if he failed to comply with the requirements of R.C. § 2929.25(A)(3), it was error to extend the duration of the community control upon finding that he committed a violation of the terms thereof.
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| State v. Sage, C.A. CASE NO. 21097,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Rendered
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Overview: As defendant was represented by counsel when he entered guilty pleas to multiple offenses, and his plea was voluntarily, knowingly, and intelligently entered, his claim on appeal that it was an abuse of discretion for the trial court to have denied his request for a continuance in order to secure new counsel was deemed waived.
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| State v. Thomas, C.A. CASE NO. 2006 CA 57,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, February 2, 2007, Rendered
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Overview: A pre-sentence Crim. R. 32.1 motion to withdraw guilty plea was properly overruled. Defendant did not present sufficient evidence from which trial court could conclude that he was innocent or that he had a complete defense to charges. The trial court gave full and fair consideration to the motion to withdraw and considered all appropriate factors.
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| State v. Veneroni, Appellate Case No. 06-CA-23,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MIAMI COUNTY, February 2, 2007, Rendered
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Overview: Trial court erred in failing to provide defendant hearing on his Crim. R. 32.1 motion to withdraw guilty plea because its failure to provide hearing made it impossible to review denial of motion. There was no transcript of sentencing proceedings, and sentencing entry did not indicate that trial court had complied with Crim. R. 11 in obtaining plea.
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| State v. White, CASE NO. 2005-A-0081,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, ASHTABULA COUNTY, February 2, 2007, Decided
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Overview: Defendant's conviction for trafficking in drugs, under R.C. § 2925.03(A)(2) was not against the manifest weight of the evidence. The jury was free to discount defendant's uncorroborated testimony that he spotted the police cruiser before exiting the building and to believe the patrolman's suspicion that defendant was involved in drug activities.
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| State v. Widener, C.A. CASE NO. 1684,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, DARKE COUNTY, February 2, 2007, Rendered
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Overview: As defendant entered a no contest plea pursuant to Crim. R. 11(B)(2) to a charge of theft by deception, in violation of R.C. § 2913.02(A)(2), she was precluded from asserting on appeal that the conviction against her was error because there was no proof that she had acted deceptively.
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