[Cite as State v. To, 2019-Ohio-1795.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : No. 18AP-751 v. : (C.P.C. No. 03CR-0580) Bang To, : (REGULAR CALENDAR) Defendant-Appellant. : D E C I S I O N Rendered on May 9, 2019 On brief: Ron O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for appellee. Argued: Seth L. Gilbert. On brief: Kura, Wilford & Schregardus Co., L.P.A., and Sarah M. Schregardus, for appellant. Argued: Sarah M. Schregardus. APPEAL from the Franklin County Court of Common Pleas NELSON, J. {¶ 1} Prefatory note—this timeline may provide a useful reference in connection with the following discussion of defendant-appellant Bang To's appeal from the trial court's denial of his Civil Rule 60(B) motion: November 3, 2003 – Bang To pleads guilty to two counts of trafficking in cocaine as third-degree felonies, one count of cocaine trafficking as a fourth-degree felony, and one fourth- degree felony count of cocaine possession. His plea form states that he is not a citizen of the United States. January 14, 2004 – The trial court adopts the agreed sentence recommendation and sentences Mr. To to three years and six months in prison, with 18 months of that time mandatory and an understanding that the state would not object to judicial release after that period. No. 18AP-751 2 August 24, 2005 – The trial court grants judicial release, allowing Mr. To to leave prison. July 27, 2010 – Mr. To's period of probation ends. October 20, 2017 – Through counsel, Mr. To files a Motion to Vacate Plea and Conviction on the ground that he had not properly been advised of the potential consequences of his conviction on his immigration status; he cites Padilla v. Kentucky, 559 U.S. 356 (2010), and R.C. 2943.031 (enacted 1989). October 31, 2017 – Mr. To executes the affidavit referenced variously in his motion of 11 days earlier as an unidentified attachment, as Exhibit B, and as Exhibit C. November 6, 2017 – The state files its memorandum opposing Mr. To's motion to withdraw his guilty plea. Beginning on the first page of its memorandum, the state underscores that Mr. To had attached no exhibits to his motion. February 5, 2018 – Having received no further filings in the matter, the trial court denies Mr. To's motion to vacate. April 18, 2018 – Mr. To through different counsel files a Motion for Relief Under Civ.R. 60(B) seeking to provide the purported attachments to his October 20, 2017 motion to vacate and have the trial court reconsider that matter. On review of the filings, the trial court denies the 60(B) motion on August 28, 2018. {¶ 2} This case comes to us as an appeal from the trial court's decision denying defendant-appellant Bang To's Motion for Relief Under Civil Rule 60(B) that sought to have that court revisit on a supplemented record its judgment denying Mr. To's earlier motion to vacate a plea and conviction. A brief procedural history ...
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