[Cite as State v. Robinson, 2022-Ohio-82.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 110358 v. : JERMAINE D. ROBINSON, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: January 13, 2022 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-613746-A Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, Anthony T. Miranda and Gregory Ochocki, Assistant Prosecuting Attorneys, for appellee. Michael T. Conway, for appellant. MICHELLE J. SHEEHAN, J.: Defendant-appellant Jermaine Robinson, a noncitizen and a native of Jamaica, pleaded guilty to several offenses under a plea bargain agreement and was sentenced to a six-month term of community-control sanctions. After he served the six-month term of community-control sanctions, he was deported to Jamaica. Two and one-half years after he was sentenced, he filed a motion to vacate his guilty plea. He alleged his trial counsel provided misleading advice about the immigration consequences of his guilty plea and supported his allegation with his own affidavit. The trial court denied the motion. Robinson filed a motion for factual findings and conclusions of law, which the trial court denied. Robinson appealed pro se from the trial court’s denial of that motion but failed to timely appeal the denial of his motion to vacate his guilty plea. Even if the appeal of the motion to vacate his guilty plea were timely, Robinson failed to demonstrate that there is a reasonable probability that but for counsel’s allegedly deficient advice, he would have insisted on going to trial. Accordingly, we affirm the trial court’s judgment. Facts and Procedural Background On April 5, 2017, Robinson, age 20 at the time, was indicted for felonious assault, a second-degree felony (Count 1); carrying a concealed weapon, a fourth-degree felony (Count 2); improperly handling a firearm in a motor vehicle, a fourth-degree felony (Count 3); drug trafficking, a fourth-degree felony (Count 4); drug possession, a fourth-degree felony (Count 5); and possessing criminal tools, a fifth-degree felony (Count 6). The offenses appear to be related to a drug transaction that turned violent. On February 7, 2018, under a plea agreement, Robinson pleaded guilty to carrying a concealed weapon (Count 2) and drug possession (Count 5). He also pleaded guilty to a reduced charge of aggravated menacing, a first-degree misdemeanor, in Count 1. The remaining counts were nolled. At the plea hearing, the trial court explained to Robinson the maximum prison term for each of his offenses and the constitutional rights he would give up by pleading guilty. Because he was not a citizen, the court advised him his plea may result in deportation. The transcript reflects the following: THE COURT: You are hereby advised that a conviction of which you’re pleading to may have the consequences of deportation, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States. Do you understand that?1 1R.C. 2943.031 (“Advice as to possible deportation, exclusion or denial of naturalization upon …
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