State v. Robinson

Citations

• 2022 Ohio 82

Syllabus

Guilty plea immigration consequences of a guilty plea findings of fact and conclusions of law ineffective assistance of counsel. Appellant failed to timely appeal the trial court's denial of his motion to withdraw the guilty plea because there is no authority allowing the 30-day appeal time from a judgment denying a Crim.R. 32.1 motion to be tolled by a motion for factual findings and conclusions of law. Even if the appeal had been filed timely, the trial court did not abuse its discretion in denying the appellant's motion to withdraw the guilty plea predicated on a claim of ineffective assistance of counsel regarding the immigration consequences of his guilty plea. The totality of circumstances did not establish a reasonable probability that, but for counsel's allegedly deficient performance, appellant would have chosen to go to trial.