[Cite as State v. Ahmed, 2020-Ohio-1279.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 108548 v. : AMIR ABDI AHMED, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: April 2, 2020 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-12-560103-C Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Gregory J. Ochocki, Assistant Prosecuting Attorney, for appellee. Amato Law Office, L.P.A., and Joseph N. Phillips, for appellant. ANITA LASTER MAYS, J.: Defendant-appellant Amir Abdi Ahmed (“Ahmed”) appeals the trial court’s denial of Ahmed’s motion to withdraw his postsentence guilty plea, and asks this court to vacate the plea. We affirm the trial court’s decision. Ahmed pleaded guilty to attempted drug possession, a first-degree misdemeanor, in violation of R.C. 2923.02 and 2925.11(A). The trial court sentenced him to pay a fine of $1,000. I. Facts and Procedural History On December 11, 2012, at Ahmed’s plea and sentencing hearing, Ahmed pleaded guilty to attempted drug possession. The trial court asked Ahmed if he was satisfied with his trial counsel’s representation, to which Ahmed replied that he was very much satisfied. (Tr. 8.) Trial counsel also indicated to the court that Ahmed was aware of his constitutional rights even though the trial court would later explain his rights. (Tr. 7.) The trial court stated, your attorney has already noted that you are not a U.S. citizen. I am required to advise you that since you are not a citizen of the United States, the offense — conviction of the offense to which you are pleading guilty may have the consequences of deportation from the United States, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. You understand that? (Tr. 10.) Ahmed responded that he understood. Id. The trial court then stated, “[o]kay. By the way, I have no control over what happens with that, that’s for the federal authorities to decide. * * * .” Id. Ahmed entered a plea of guilty, and the trial court imposed a fine after Ahmed’s counsel asked for a minimum sentence in order to look more favorable in his federal immigration case. (Tr. 13-14.) On December 4, 2018, six years after Ahmed was sentenced, Ahmed was served with a “Notice to Appear” in immigration court. Ahmed was informed that removal proceedings had been initiated against him as a result of his misdemeanor conviction and he was detained. Ahmed filed a motion to withdraw and vacate plea with the trial court. The trial court denied Ahmed’s motion. Ahmed has remained in federal immigration custody since 2018, and filed this appeal assigning one error for our review: I. The trial court abused its discretion by denying Appellant’s motion to withdraw his previously entered guilty plea. II. Postsentence Guilty Plea Withdrawal A. Standard of review Crim.R. 32.1 provides that “[a] motion to withdraw a plea of guilty * * * may be ...
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