[Cite as State v. Kurdi, 2022-Ohio-4459.] IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT LAKE COUNTY STATE OF OHIO, CASE NO. 2021-L-125 Plaintiff-Appellee, Criminal Appeal from the -v- Court of Common Pleas MOHAMMAD Y. KURDI, Trial Court No. 2020 CR 000920 Defendant-Appellant. OPINION Decided: December 12, 2022 Judgment: Reversed and remanded Charles E. Coulson, Lake County Prosecutor, and Kristi L. Winner and Teri R. Daniel, Assistant Prosecutors, Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). Maya Lugasy, Robert Brown LLC, 1468 West 9th Street, Suite 705, Cleveland, OH 44113; and Hannah Christ, Kramer Law Clinic, 10900 Euclid Avenue, Cleveland, OH 44106 (For Defendant-Appellant). THOMAS R. WRIGHT, J. {¶1} Appellant, Mohammad Y. Kurdi, appeals the judgment of the Lake County Court of Common Pleas, denying his post-sentence motion to withdraw his guilty plea. At issue is whether appellant, a lawful, non-citizen resident of the United States, was entitled to an evidentiary hearing on his post-sentence motion to withdraw his guilty plea where the record demonstrates he has a colorable claim for ineffective assistance of counsel. We reverse the judgment of the trial court and remand the matter for further proceedings. {¶2} Appellant, a native citizen of Jordan, has been a lawful resident of the United States since 2013. In September 2020, appellant was charged with one count of aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(1), a felony of the third degree. In a separate case, appellant was charged with one count of possession of cocaine, in violation of R.C. 2925.11, a felony of the fifth degree; one count of carrying concealed weapons, in violation of R.C. 2923.12(A)(1), a misdemeanor of the first degree; and possession of dangerous drugs, in violation of R.C. 4729.51(E)(1)(c), a misdemeanor of the first degree. Upon advice of counsel, appellant entered pleas of guilty to the aggravated trafficking count and possession of cocaine count and, although the matters were unrelated, they were consolidated for purposes of sentencing. Before entering the pleas of guilty, appellant acknowledges he was informed by counsel that pleading guilty to aggravated trafficking in drugs may lead to his deportation. And, during the plea hearing, appellant concedes the trial court also advised appellant that pleading guilty may lead to his deportation or removal from the United States, pursuant to the statutory requirements of R.C. 2943.031. {¶3} Appellant was ultimately sentenced to 137 days in the Lake County Jail on the possession of cocaine count and 29 days in jail for aggravated trafficking in drugs with two years of community control in each case. Appellant subsequently filed a post- sentence motion to withdraw his guilty plea, which was denied without a hearing. The trial court determined that appellant did not receive ineffective assistance of counsel. This appeal follows. Appellant’s assignments of error provide: {¶4} “[1.] The trial court abused its discretion when it denied appellant’s motion to withdraw his guilty pleas and vacate his conviction where appellant showed that he 2 Case No. 2021-L-125 …
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