State v. Jozwiak

Citations

• 2020 Ohio 3694

Syllabus

Appellant has failed to establish ineffective assistance of counsel. Appellant did not demonstrate that a motion to suppress would have been successful if made, that it was deficient or prejudicial for defense counsel not to have objected to specific evidentiary issues, that there was a violation to 5th amendment right against self-incrimination and defense counsel failed to object, or that there was cumulative error. Nor has appellant shown that any of the alleged errors constituted plain error. Next, the trial court did not err sentencing appellant to a fine in lieu of a vehicle forfeiture because the state complied with the notice requirements, appellant had an opportunity to be heard on the fine before the fine was imposed, and appellant forfeited his argument that he received an excessive fine in violation of his constitutional rights. Finally, the trial court did not abuse its discretion denying appellant's motion for a new trial because the motion was untimely pursuant to Crim.R. 33(B).