State v. Gresham
2011 Ohio 5930
Ohio Ct. App.2011Background
- 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 | Gresham contends the plea should be withdrawn due to lack of informed voluntary agreement.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)
