[Cite as State v. Perry, 2019-Ohio-2699.] COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO : JUDGES: : Hon. John W. Wise, P.J. Plaintiff - Appellee : Hon. Craig R. Baldwin, J. : Hon. Earle E. Wise, J. -vs- : : WENROSS S. PERRY : Case No. CT2018-0045 : Defendant - Appellant : OPINION CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court of Common Pleas, Case No. CR2017-0179 JUDGMENT: Reversed and Remanded DATE OF JUDGMENT: July 1, 2019 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellee D. MICHAEL HADDOX JOSEPH N. PHILLIPS Prosecuting Attorney Amato Law Office, L.P. A. Muskingum County, Ohio 420 Broadway Avenue Wellsville, Ohio 43968 By: GERALD V. ANDERSON II Assistant Prosecuting Attorney Muskingum County, Ohio 27 North Fifth St., P.O. Box 189 Zanesville, Ohio 43702-0189 Muskingum County, Case No. CT2018-0045 2 Baldwin, J. {¶1} Wenross S. Perry appeals the decision of the Muskingum County Court of Common Pleas denying his request to withdraw his guilty plea. Appellee is the State of Ohio. STATEMENT OF FACTS AND THE CASE {¶2} The facts leading to Appellants arrest are unnecessary for the consideration and resolution of the issues before this court and are therefore omitted. {¶3} Appellant was charged with possession of drugs with a forfeiture specification, a third degree felony in violation of R.C. 2925.11(A) as well as trafficking in drugs with a forfeiture specification, also a third degree felony in violation of R.C. 2925.03(A)(2). {¶4} Appellant entered a plea of not guilty on May 17, 2017, then changed his plea to guilty to one count of violating 2925.03(A)(2), trafficking in drugs, on June 19, 2017. (The violation of R.C. 2925.11(A) was dismissed by the state.) During the plea hearing, the following exchange occurred: THE COURT: And you understand that you are a resident of the United States but you're not a United States citizen to the point that by entering this plea you could be deported? THE DEFENDANT: Yes, sir. THE COURT: You also understand you have a right to contact your consulate and that type of thing, if you need to. You understand that? THE DEFENDANT: Yes, sir. Muskingum County, Case No. CT2018-0045 3 THE COURT: And that could also be a possible consequence to you entering the plea. You understand that? THE DEFENDANT: Yes, sir. *** THE COURT: I normally would as at this point in time, are you a U.S. citizen? THE DEFENDANT: I'm a resident of the United States. Plea Hearing, June 19, 2017, pp. 8-10. {¶5} Appellant’s guilty plea was accepted and he was sentenced to a twelve month prison term, given eighty-three days credit for time served and ordered to forfeit $5,055.00 that was on his person when he was arrested. {¶6} On November 20, 2017, Appellant received a Notice to Appear in Immigration Court. Removal proceedings were initiated as a result of his conviction in this case pursuant to Sections 2327(a)(2)(A)(iii) and 237(a)(2)(B)(i) of the Immigration and Nationality Act. {¶7} Appellant filed a motion to withdraw his guilty plea ...
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