State v. Kwambana
2017 Ohio 1406
| Ohio Ct. App. | 2017Background
- Kwambana and an accomplice robbed a Golden Corral in Clermont County, restraining four employees at gunpoint and using zip ties; they stole money and were arrested.
- Indicted for one count of aggravated burglary and four counts of kidnapping; each kidnapping count included firearm specifications.
- Plea agreement: Kwambana pleaded guilty to the four kidnapping counts; the state dismissed the aggravated burglary charge and all firearm specifications. The trial court accepted the plea and sentenced him to 32 years.
- On direct appeal, this court affirmed Kwambana’s convictions and sentence.
- After the direct appeal decision, Kwambana moved in the trial court to withdraw his guilty plea, alleging ineffective assistance of trial and appellate counsel for failing to advise about merger and for not filing a presentence motion to withdraw the plea.
- The trial court denied the motion; Kwambana appealed that denial to this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to decide Kwambana’s post‑appeal motion to withdraw his guilty plea | State: Trial court lacked jurisdiction to act after the appellate court affirmed the conviction absent a remand from a higher court | Kwambana: Trial court could rule on his motion alleging ineffective assistance that affected the plea’s validity | Court: Dismissed appeal for lack of jurisdiction – trial court was without power to decide the motion after the direct appeal affirmed the judgment |
| Whether Kwambana’s ineffective-assistance claims could be raised via the trial-court motion after appeal | State: Claims were time‑barred under App.R. 26(B) and should have been raised within 90 days via a 26(B) motion | Kwambana: Argued appellate and trial counsel were ineffective for failing to raise merger/plea withdrawal issues | Court: Not reached on the merits because the trial court’s post‑appeal ruling was void for lack of jurisdiction |
Key Cases Cited
- State ex rel. Special Prosecutors v. Judges, 55 Ohio St.2d 94 (trial court lacks power to vacate a judgment affirmed on appeal)
- State v. Bezak, 114 Ohio St.3d 94 (2007) (a void judgment is a nullity and leaves parties as if no judgment occurred)