STATE OF OHIO v. CHESTER PRESNELL, JR.
No. 96172
Court of Appeals of Ohio, EIGHTH APPELLATE DISTRICT, COUNTY OF CUYAHOGA
June 9, 2011
2011-Ohio-2801
Boyle, J., Kilbane, A.J., and Stewart, J.
Criminal Appeal from the Cuyahoga County Court of Common Pleas, Case No. CR-540965
Valentine Shurowliew
Stanley L. Josselson Co., LPA
The Marion Building, Suite 411
1276 West Third Street
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
William D. Mason
Cuyahoga County Prosecutor
BY: Daniel T. Van
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MARY J. BOYLE, J.:
{¶ 1} Defendant-appellant, Chester Presnell, Jr., pleaded guilty to attempted domestic violence and was sentenced to eleven months in prison. He appeals his conviction, raising two assignments of error for our review:
{¶ 2} “[1.] The trial court erred by not granting a hearing on appellant’s motion for postconviction relief.
{¶ 3} “[2.] The petitioner was not afforded effective assistance of counsel in that he
{¶ 4} Finding no merit to his appeal, we affirm.
Postconviction Motion
{¶ 5} In his first assignment of error, Presnell claims the trial court erred when it denied his petition for postconviction relief.
{¶ 6}
{¶ 7} Presnell pleaded guilty on October 18, 2010. The trial court sentenced him on November 15, 2010. On November 16, 2010, Presnell moved to vacate his judgment and sentence. In his motion, he argued:
{¶ 8} “Now comes defendant Chester Presnell and asks the court to vacate his judgment in the above-referenced case and to vacate his sentence on the grounds that his previous attorney *** (as defendant recently learned) has a documented severe mental illness
{¶ 9} But the record before us shows that the trial court had not ruled on Presnell’s postconviction motion as of December 15, 2010, when he filed his notice of appeal. Accordingly, his arguments here are premature, and Presnell’s first assignment of error is overruled.
Ineffective Assistance of Counsel
{¶ 10} In his second assignment of error, Presnell claims he was not afforded effective assistance of counsel due to his attorney’s substance abuse addiction and mental health problems. Presnell makes no argument as to how his attorney’s purported issues affected the voluntariness of his plea or that the issues caused him to enter into his plea unknowingly, nor do we find anything in the record to suggest it. Presnell does attach several documents to his brief to this court, purporting to show that his attorney had these issues, but we cannot consider these documents. And even if we could, the documents would not establish that Presnell’s plea was involuntary.
{¶ 11} In a direct appeal of a criminal case, appellate review is limited “to what transpired in the trial court as reflected by the record made of the proceedings.” State v. Ishmail (1978), 54 Ohio St.2d 402, 405-06, 377 N.E.2d 500. A claim that requires consideration of materials outside of the record of proceedings in the trial court is not the type
{¶ 12} Presnell’s second assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
MARY J. BOYLE, JUDGE
MARY EILEEN KILBANE, A.J., and
MELODY J. STEWART, J., CONCUR