State v. Alvelo

Citations

• 2017 Ohio 742

Syllabus

Crim.R. 11 Alford plea acceptance and retention of guilty pleas Crim.R. 32.1 postsentence motion to withdraw guilty plea appellate jurisdiction - Trial court did not err in retaining defendant's guilty pleas based on defendant's assertions, after the trial court accepted his guilty pleas, that he was \not a robber\ and was only collecting a debt and that no firearm was involved in the incident. Defendant did not enter an Alford plea. Defendant's post-plea comments did not constitute \protestations of innocence\ and were not contemporaneously made with the entry of his guilty pleas. Furthermore, the record demonstrated a factual basis existed for defendant's guilty pleas. Court lacked appellate jurisdiction to consider whether trial court erred in denying defendant's Crim.R. 32.1 postsentence motion to withdraw guilty pleas where defendant did not appeal from that order. Remanded for resentencing on breaking and entering and having weapons while under disability counts upon which sentences were imposed in the sentencing journal entry that were not orally imposed at the sentencing hearing and for the entry of a nunc pro tunc order to correct the amount of restitution ordered in the sentencing journal entry to that imposed at the sentencing hearing.