State v. Ramey

Citations

• 2019 Ohio 398

Syllabus

Trial court did not err by failing to conduct a hearing before denying defendant's post-appeal motion to withdraw his guilty pleas. Trial court lacked jurisdiction to permit defendant to withdraw his guilty pleas after the court of appeals had affirmed defendant's conviction. In addition, the undisputed facts establish that the search warrant on defendant's residence was timely executed, thereby negating defendant's claim that trial counsel performed deficiently by failing to advise defendant of a possible defense based on an untimely search. Finally, defendant's reply memorandum in the trial court affirmatively waived a hearing on his motion to withdraw. Under such circumstances, trial court was not required to hold a hearing on defendant's motion. Judgment affirmed.