State v. Gresham ( 2011 )

[Cite as State v. Gresham, 2011-Ohio-5930.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 96735
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
EDWARD GRESHAM
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-475735
BEFORE: Blackmon, P.J., Cooney, J., and Keough, J.
RELEASED AND JOURNALIZED: November 17, 2011
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-i-
FOR APPELLANT
Edward Gresham, Pro Se
Inmate No. 504309
Toledo Correctional Institution
2001 East Central Avenue
P.O. Box 80033
Toledo, Ohio 43608
ATTORNEYS FOR APPELLEE
William D. Mason
Cuyahoga County Prosecutor
Mary McGrath
Assistant Prosecuting Attorney
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, P.J.:
On January 19, 2006, a Cuyahoga County Grand Jury indicted appellant Edward
Gresham on two counts each of felonious assault and kidnapping. In addition, the grand
jury indicted Gresham on one count each of domestic violence and attempted murder of
his wife. Gresham pleaded guilty to one count each of felonious assault, domestic
violence, and kidnapping. The trial court sentenced Gresham to an aggregate prison term
of 14 years. Gresham did not file a direct appeal.
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On November 27, 2006, Gresham filed a motion to withdraw his guilty pleas,
alleging that he pleaded guilty at the recommendation of his attorney and that he was
assured that he would receive a prison sentence of two-to-four years. On December 1,
2006, the state filed its brief in opposition to Gresham’s motion to withdraw his guilty
pleas.
On January 27, 2007, Gresham filed a motion to correct and consolidate his
sentences in conjunction with State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845
N.E.2d 470. On January 31, 2007, the state filed its brief in opposition. On March
30, 2011, the trial court denied Gresham’s motion to withdraw his guilty pleas and his
motion to correct and consolidate his sentences in conjunction with State v. Foster.
In this pro se matter, Gresham assigns the following errors for our review:
“I. The trial court erred in denying appellant’s motion to withdraw his
guilty pleas.”
“II. The trial court erred in denying appellant’s motion to correct and
consolidate sentences.”
Initially, we note that Gresham did not file a transcript of the plea hearing. In
Ohio, the appellant has the duty to file the transcript or such parts of the transcript that are
necessary for evaluating the lower court’s decision. See App.R. 9(B); Knapp v. Edwards
Laboratories (1980), 61 Ohio St.2d 197, 199, 400 N.E.2d 384. The failure to file the
transcript prevents this court from reviewing the appellant’s assignments of error. State
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v. Turner, Cuyahoga App. No. 91695, 2008-Ohio-6648,¶13, appeal not allowed, 121
Ohio St.3d 1476, 2009-Ohio-2045, 905 N.E.2d 655.
Thus, absent certification of an adequate record, a reviewing court must presume
regularity of the proceedings and affirm the judgment of the trial court. In re B.B.,
Cuyahoga App. No. 96262, 2011-Ohio-3265, citing Ostrander v. Parker–Fallis
Insulation Co., Inc. (1972), 29 Ohio St.2d 72, 278 N.E.2d 363. Accordingly, we overrule
Gresham’s assigned errors.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said 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.
PATRICIA ANN BLACKMON, PRESIDING JUDGE
KATHLEEN ANN KEOUGH, J., CONCURS;
COLLEEN CONWAY COONEY, J., CONCURS
IN JUDGMENT ONLY