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State v. Gresham
2011 Ohio 5930
Ohio Ct. App.
2011
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Background

  • Gresham was indicted on multiple counts including felonious assault, kidnapping, domestic violence, and attempted murder.
  • He pleaded guilty to felonious assault, domestic violence, and kidnapping, receiving an aggregate 14-year prison term.
  • Gresham did not file a direct appeal following sentencing.
  • He later moved to withdraw his guilty pleas based on attorney influence and promised sentencing guidance.
  • Gresham also moved to correct and consolidate sentences in light of State v. Foster, which the trial court denied.
  • Because no transcript of the plea hearing was filed, the appellate court could not review the claimed errors and affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court properly denied the motion to withdraw pleas. Gresham argues pleas were made under attorney coercion and misrepresentation of sentence. Gresham contends the plea should be withdrawn due to lack of informed voluntary agreement. Assigned error overruled; record inadequate to review absence of transcript.
Whether the trial court properly denied the motion to correct and consolidate sentences. Gresham seeks consolidation in light of Foster-based sentencing changes. Gresham argues for a corrected, consolidated sentence consistent with Foster. Assigned error overruled; record insufficient to review due to missing transcript.

Key Cases Cited

  • Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 400 N.E.2d 384 (Ohio 1980) (duty to file transcript for appellate review; regularity presumed without record)
  • Ostrander v. Parker–Fallis Insulation Co., Inc., 29 Ohio St.2d 72, 278 N.E.2d 363 (Ohio 1972) (regularity presumption when record is incomplete)
  • State v. Turner, 2008-Ohio-6648 (Ohio Court of Appeals) (review of plea withdrawal requires an adequate transcript)
  • In re B.B., 2011-Ohio-3265 (Ohio Court of Appeals) (preservation of regularity when record is incomplete; affirm where no adequate record)
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Case Details

Case Name: State v. Gresham
Court Name: Ohio Court of Appeals
Date Published: Nov 17, 2011
Citation: 2011 Ohio 5930
Docket Number: 96735
Court Abbreviation: Ohio Ct. App.