State v. Bumu

Citations

• 2017 Ohio 6901

Syllabus

APPELLATE REVIEW/CRIMINAL: The common pleas court did not abuse its discretion in overruling defendant's R.C. 2943.031(D) motion to withdraw his guilty plea to drug possession on the ground that the trial court had not substantially complied with R.C. 2943.031(A) in advising him of the immigration consequences of his conviction: defendant bore the burden of proving that, under the totality of the circumstances surrounding the entry and acceptance of his plea, he had not subjectively understood his conviction's immigration consequences and that he would not have pled if he had the common pleas court determined that defendant had failed to sustain that burden and that determination, in the absence from the record on appeal of a plea-hearing transcript conforming to the requirements of App.R. 9(B), cannot be said to have been arbitrary, unconscionable, or the product of an unsound reasoning process. [But see DISSENT: Bumu complied with App.R. 9(B) and 10(A) therefore this case should be decided on the merits: the record shows that the plea-hearing transcript was made a part of the record in the trial court and in the appellate court under App.R. 10(A) Bumu requested that a complete transcript of the proceedings be filed the clerk of the trial court did not transmit a bound copy of the plea-hearing transcript, as requested by Bumu and Bumu made reasonable arrangements for the transcription of the plea hearing therefore, the omission should be corrected and a supplemental record filed and transmitted as authorized by App.R. 9(E).]