State v. Smith

Citations

• 2020 Ohio 3902

Syllabus

The trial court did not err when it overruled appellant's motion to journalize a decision on his presentence motion to withdraw his no contest pleas pursuant to Crim.R. 32.1. Appellant's motion to withdraw his pleas was implicitly overruled when the trial court proceeded to find him guilty and sentence him on those pleas. Therefore, a final appealable order existed regarding appellant's motion to withdraw his no contest pleas when his direct appeal was filed in 2009. Appellant failed to raise any issues in his direct appeal with respect to his presentence motion to withdraw his no contest pleas, which would have been the proper time to do so. Accordingly, appellant's claims in his post-conviction petition that the trial court abused its discretion when it failed to conduct a hearing pursuant to Crim.R. 32.1 were barred by res judicata. Judgment affirmed.