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State v. Rankin2/14/2003
. Appellant Robert Rankin appeals the decision of the Belmont County Court of Common Pleas denying his presentence motion to withdraw a guilty plea. Appellant pleaded guilty to driving while intoxicated ("DWI"), a violation of R.C. 4511.19(A)(1). The crime was a felony due to appellant's prior DWIs. Appellant's reason for changing his plea was that he was told that he might receive a prison sentence when, according to his interpretation of applicable sentencing statutes, he could not have been sentenced to any prison time. Appellant's interpretation of the sentencing statutes is incorrect and the judgment of the trial court is affirmed.
. On August 23, 1997, appellant was arrested for DWI in Flushing Township, Belmont County, Ohio. On October 1, 1997, appellant was indicted on a felony charge of DWI, in violation of R.C. 4511.19(A)(1). The charge was elevated to a felony based on appellant's four prior DWI convictions within the previous six years. See R.C. 4511.99(A)(4). Appellant pleaded no contest to the charge and was sentenced to serve three months in the Belmont County Jail and six months in the East Ohio Correctional Facility. Appellant's conviction was overturned by this court due to ineffective assistance of counsel. State v. Rankin (May 18, 2001), 7th Dist. No. 98-BA-9.
. After the case was remanded, appellant entered a guilty plea to the DWI charge on August 24, 2001, after a full plea hearing. Appellant's written guilty plea form indicated that he could receive up to twelve months in prison. The prosecutor agreed to recommend a sentence of six months of community control sanctions. The trial judge told appellant at the plea hearing that he could receive a maximum sentence of twelve months of local incarceration. (8/24/01 Tr., p. 4.) Sentencing was scheduled for October 5, 2001, but was rescheduled for September 28, 2001.
. Appellant attempted to retain new counsel, attorney Albert W. Davies, on September 28, 2001. Attorney Davies had not met with appellant, but had been sent a retainer fee. Attorney Davies attended the September 28, 2001, hearing. At the scheduled hearing, attorney Davies raised an oral motion to withdraw appellant's guilty plea. (11/14/01 J.E.) Attorney Davies immediately ceased representing appellant after this hearing.
. A hearing on the motion to withdraw the guilty plea was held on November 2, 2001. Appellant had new appointed counsel, attorney Paul Jefferis, at this hearing. Appellant's argument at the hearing appeared to be that he only entered a guilty plea to avoid any chance of going to prison. Appellant later concluded that he could not have been sentenced to prison under the sentencing laws in effect at the time he committed the crime. (11/2/01 Tr., p. 23, 28.) Appellant seemed to assert that he would not have pleaded guilty to the charge if he had known there was no possibility of a prison term. The court overruled appellant's motion to withdraw his guilty plea, and proceeded to sentence him. The court found that appellant had six prior DWI convictions, seventeen license suspensions, drug and alcohol problems, other criminal convictions, and lied about his prior record. The court sentenced him to twelve months of community control sanctions, including twelve months of incarceration at the Belmont County Jail, along with a $750 fine and a lifetime license suspension. (11/14/01 J.E.) This timely appeal followed.
. Appellant's sole assignment of error asserts:
. "THE TRIAL COURT ERRED CONSTITUTING AN ABUSE OF DISCRETION BY DENYING THE DEFENDANT-Appellant'S MOTION TO WITHDRAW HIS GUILTY PLEA."
. Appellant argues that he would not have agreed to plead guilty to felony DWI
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