[Cite as State v. Ashraf, 2019-Ohio-1605.] COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO JUDGES: Hon. W. Scott Gwin, P.J Plaintiff-Appellee Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J. -vs- Case No. CT2018-0085 WAQAR ASHRAF Defendant-Appellant O P I N IO N CHARACTER OF PROCEEDINGS: Appeal from the Muskingum County Court of Common Pleas, Case No. CR2014-0327 JUDGMENT: Affirmed DATE OF JUDGMENT ENTRY: April 29, 2019 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant D. MICHAEL HADDOX WAQAR ASHRAF Muskingum County Prosecutor Noble Correctional Institute #A715-169 15708 McConnelsville Road TAYLOR P. BENNINGTON Caldwell, Ohio 43724-8902 Assistant Prosecuting Attorney 27 North Fifth Street, PO Box 189 Zanesville, Ohio 43702-01889 Muskingum County, Case No. CT2018-0085 2 Hoffman, J. {¶1} Defendant-appellant Waqar Ashraf appeals the December 5, 2018 Journal Entry entered by the Muskingum County Court of Common Pleas, which denied his Motion to Vacate Void Judgment. Plaintiff-appellee is the state of Ohio. STATEMENT OF THE CASE1 {¶2} On October 22, 2014, the Muskingum County Grand Jury indicted Appellant on thirty-six counts of illegal use of food stamp benefits, in violation of R.C. 2913.46(B), all felonies of the fifth degree; and thirteen counts of trafficking in drugs, in violation of R.C. 2925.03(A)(1), felonies of the third, fourth, and fifth degrees. On March 2, 2015, Appellant entered a guilty plea to 20 counts of illegal use of food stamp benefits; one count of trafficking in drugs (oxycodone, percocet) with a school specification; one count of trafficking in drugs (marijuana); one count of trafficking in drugs (oxycodone, oxycontin) with a school specification; one count of trafficking in drugs (methamphetamine) with a school specification; one count of trafficking in drugs (cocaine) with a school/juvenile specification; and one count of trafficking in drugs (alprazolam) with a school specification. The remaining 8 counts were dismissed. Following the completion of a pre- sentence investigation, the trial court sentenced Appellant to an aggregate term of incarceration of 71 months on April 17, 2015. Appellant did not appeal his sentence. {¶3} Appellant filed a pro se petition for post-conviction relief on September 14, 2015. Therein, he argued his trial counsel failed to inform him he could face deportation if he entered a guilty plea. Appellant explained, on June 22, 2015, the United States Department of Homeland Security advised him an immigration detainer had been issued 1A Statement of the Facts underlying Appellant’s original convictions and sentence is not necessary to our disposition of this Appeal. Muskingum County, Case No. CT2018-0085 3 against him, and if he failed to demonstrate he was a legal permanent resident of the United States, he would be deported to Pakistan. Via Judgment Entry filed September 25, 2015, the trial court denied Appellant's petition without conducting a hearing. {¶4} Appellant appealed to this Court. Upon review, this Court reversed the trial court's decision, finding the September 25, 2015 judgment entry denying Appellant's petition was insufficient as it failed to comply with the requirements of R.C. 2953.21(G). We remanded the matter to the trial court ...
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