State v. Ramirez


[Cite as State v. Ramirez, 2019-Ohio-3050.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY STATE OF OHIO, : Appellee, : CASE NO. CA2018-12-233 : OPINION - vs - 7/29/2019 : ALEXIS RAMIREZ, : Appellant. : CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2010-03-0542 Michael T. Gmoser, Butler County Prosecuting Attorney, John C. Heinkel, Government Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011, for appellee Jazmin E. Harris, 15 E. Eighth Street, Cincinnati, OH 45202, for appellant S. POWELL, P.J. {¶ 1} Appellant, Alexis Ramirez, appeals the decision of the Butler County Court of Common Pleas denying his motion to withdraw his no contest plea to single counts of aggravated burglary, aggravated robbery, felonious assault, and tampering with evidence, as well as two counts of kidnapping, and three counts of rape. For the reasons outlined below, we affirm the trial court's decision. Butler CA2018-12-233 Facts and Procedural History {¶ 2} On April 28, 2010, the Butler County Grand Jury returned an indictment charging Ramirez with the nine above-named offenses. The charges arose after Ramirez knocked on the door to the 64-year-old victim's home and demanded she give him money. Ramirez, who at that time was heavily intoxicated and allegedly high on marijuana, was holding a black pellet gun with a t-shirt covering his face. When the victim told Ramirez she did not have any money to give him, Ramirez forced his way into the victim's home and ordered the victim to take off her clothes. The victim refused. Ramirez then struck the victim in the head with the pellet gun. This blow to the victim's head resulted in the victim suffering a laceration to her head that required several staples to close. {¶ 3} After striking the victim in the head, Ramirez again demanded the victim take off her clothes. Unsure of what Ramirez would do if she refused for a second time, the victim relented to Ramirez's demands and took off her clothes. Ramirez then raped the victim in various rooms throughout the victim's home both orally and vaginally. These rapes lasted over an hour and caused the victim to sustain significant injuries to her person. After raping the victim multiple times, Ramirez then ordered the victim drive him to a nearby ATM. While en route to the ATM, Ramirez demanded the victim to let him drive. The victim refused. Ramirez then swung the car door open, grabbed the victim's purse, and fled on foot. There is no dispute that Ramirez was just 14 years old at the time the offenses occurred. There is also no dispute that Ramirez is not a United States citizen.1 {¶ 4} On August 20, 2010, the parties appeared before the trial court for a change of plea hearing. As part of this hearing, Ramirez notified the trial court he wanted to withdraw his plea of not guilty by reason of insanity and enter a plea of no contest to all nine 1. Ramirez was ...

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