Parma v. Hardimon

Citations

• 2021 Ohio 4430

Syllabus

Magistrate decision Crim.R. 19(D) presentence motion to withdraw plea Crim.R. 32.1. Appellant was convicted of misdemeanor assault and criminal damaging after appearing pro se before a magistrate. The magistrate's order accepting appellant's plea and recommending sentence did not conform to Crim.R. 19(D). Before the trial court adopted the magistrate's order, appellant filed a presentence motion to vacate his plea pursuant to Crim.R. 32.1. The trial court did not hold a hearing on that motion and thereafter adopted the magistrate's decision. The convictions for misdemeanor assault and criminal damaging are vacated, and the case remanded to allow appellant leave to file objections to the magistrate's decision accepting his plea and recommending sentence and for the trial court to conduct a hearing on the presentence motion to vacate his plea.