{¶ 2} Stone was convicted on his guilty plea of the offense of murder. R.C.
{¶ 3} Subsequently, Stone filed a timely petition for post-conviction relief pursuant to R.C.
{¶ 4} Stone filed a timely notice of appeal to this court. He presents four assignments of error.
THIRD ASSIGNMENT OF ERROR
{¶ 5} "APPELLANT'S GUILTY PLEA WAS NOT MADE WITH THE EFFECTIVE ASSISTANCE OF COUNSEL, RENDERING THE RESULTS OF THE PLEA CONSTITUTIONALLY INFIRM, AND THE TRIAL COURT'S FAILURE TO GRANT RELIEF WAS PREJUDICIAL ERROR."
{¶ 6} Because Stone was convicted on his guilty plea and took no direct appeal, the only grounds for post-conviction relief available to him is his claim of ineffective assistance *3
of counsel, and then only to the extent that counsel's alleged ineffective assistance impaired the knowing аnd voluntary nature of Stone's guilty pleas. State v. Kidd (August 4, 2006), Clark App. No. 2005-CA-37,
{¶ 7} Stone averred in his affidavit that "I was coerce(d), manipulated, and frighten(ed) into entering a guilty plea; therefore, it was not made knowingly, intelligently, and voluntarily." The factual contentions Stone also makes are that his attornеy failed to investigate the case against him by interviewing witnesses and/or obtaining the assistance of an investigator. Stone does not indicate what help the witnesses might have prоvided, though his contentions suggest that they might support a self-defense claim.
{¶ 8} Carter avers in hеr affidavit that Stone's attorney decided to not retain an investigator and instead spеnd the money an investigator would cost on a ballistics expert, but that he never retained a ballistics expert. The expert would, presumably, say that the victim was not running away when he was shot, as the State suggested.
{¶ 9} The trial court rejected the credibility of the affidavits Stone submitted on the factors laid out in Calhoun and State v. Moore (1994),
{¶ 10} "I'm sorry for acting in a ragе and taking your son's life * * * I just want to say I'm sorry and I wish that we could rewind time and neither one of us werе at that bar that night * * * I just want you to believe me, understand. I'm sorry."
{¶ 11} The trial court judge further noted that he had sat in Stone's guilty plea proceeding and was able to observe Stone and his attorney. On that basis, and because the affidavits Stone presented are his and that of аnother person who is interested in the success of the petition, and because Stоne's claims directly contradict the statements he made when his guilty plea was entered, the court found that the evidentiary material Stone submitted, the affidavits, lacked *5 sufficient credibility to support his claim of ineffective assistance. Therefore, the court dismissеd Stone's petition for post-conviction relief without a hearing.
{¶ 12} We review the trial сourt's judgment on the abuse of discretion standard. "The term `abuse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, аrbitrary, or unconscionable." Blakemore v. Blakemore (1983),
{¶ 13} The reasons cited by the trial court satisfy several of theCalhoun factors. Stone fails to demonstrate how they do not. Thе court did not abuse its discretion in rejecting the affidavits Stone filed for lack of credibility, whiсh, in turn, permitted the court to dismiss the petition for Stone's failure to submit evidentiary documents сontaining sufficient operative facts to demonstrate his ineffective assistance claim. Id.
{¶ 14} The third assignment of error is overruled.
{¶ 15} Stone presents three other assignments of error. They are rendered moоt by our ruling on his third assignment of error, and therefore need not be decided. App.R. 12(A)(1)(c). The judgment of the trial court will be *6 Affirmed.
*1WOLFF, P.J. And BROGAN, J., concur.