State v. VanWinkle

Citations

• 2021 Ohio 3849

Syllabus

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), there are no potential assignments of error having arguable merit. Any challenge to the validity of appellant's guilty pleas is barred by res judicata. Any issue regarding counsel's alleged ineffective assistance during the representation of appellant should have been filed as a petition for post-conviction relief pursuant to R.C. 2953.21, rather than a motion to withdraw guilty pleas pursuant to Crim.R. 32. In any event, even if appellant had properly filed his motion as petition for post-conviction relief, it would have been overruled as untimely because it was not filed within 365 days after the trial transcript was filed with this court in appellant's direct appeal. See R.C. 2953.21(A)(2). Additionally, appellant has failed to submit any evidence to support his claims that he received ineffective assistance of counsel in relation to his decision to plead guilty to three counts of rape. Judgment affirmed.