State v. Neguse

[Cite as State v. Neguse, 2018-Ohio-1163.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : No. 17AP-449 C.P.C. No. 89CR-4079) v. : No. 17AP-450 (C.P.C. No. 89CR-2888) Mekria Neguse, : (REGULAR CALENDAR) Defendant-Appellant. : D E C I S I O N Rendered on March 29, 2018 On brief: Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee. On brief: Mekria Neguse, pro se. APPEALS from the Franklin County Court of Common Pleas SADLER, J. {¶ 1} Defendant-appellant, Mekria1 Neguse, appeals from the judgment entry of the Franklin County Court of Common Pleas denying appellant's motion to withdraw his guilty plea and motion for appointment of counsel. For the following reasons, we affirm the decision of the trial court. I. FACTS AND PROCEDURAL HISTORY {¶ 2} On June 26, 1989, appellant was indicted on a single count of felonious assault, pursuant to R.C. 2903.11, with a gun specification arising from an alleged incident 1 Although appellant filed this case using the first name "Mekuria," appellant's first name is spelled "Mekria" on the underlying indictments, guilty pleas (and addendums) signed by appellant, and court-issued documents and decisions of this case. Our review of the record shows appellant has used both of these two spellings of his first name in his case filings since pleading guilty in these cases. Nos. 17AP-449 and 17AP-450 2 on or about May 29, 1989. On July 1, 1989, appellant was indicted on a single count of drug abuse, pursuant to R.C. 2925.11, arising from his alleged possession or use of a controlled substance on or about May 13, 1989. Both indictments list January 1, 1970 as appellant's date of birth. (June 26, 1989 Indictment at 3; Sept. 1, 1989 Indictment at 2.) {¶ 3} Appellant, who was appointed counsel, initially entered pleas of not guilty, and the cases were set for trial. A subpoena filed September 22, 1989 in the assault case commanded Rosemary Miller of Catholic Social Services to appear before the court to testify and bring information "relevant to determination of the age of [appellant], including of the age of this [appellant], including but not limited to documentation of a bone test conducted on [appellant] and submitted by your agency to the immigration and naturalization service." (Sept. 22, 1989 Subpoena at 1.) Another subpoena filed in the assault case on September 25, 1989 commanded the record keeper of Children's Hospital radiology department to appear before the court to testify and bring appellant's records including a test conducted on October 1, 1985 signed by Dr. Martha Miller. {¶ 4} On November 8, 1989, the state filed a memorandum contra appellant's motion to dismiss the indictments discussing cases that held a child who intentionally misrepresents his age waives his right to be processed as a child in juvenile court, and arguing appellant previously "either intentionally misrepresented himself or did not object to the assumption of jurisdiction" by the municipal court in pleading guilty to several prior charges. (Nov. ...

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