State v. Robinson

[Cite as State v. Robinson, 2017-Ohio-2715.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2016-08-164
: OPINION
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:
CORPORAN A. ROBINSON, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2007-03-0399
Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government
Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for plaintiff-appellee
Michael R. Haas, 404 East 12th Street, 2nd Floor, Cincinnati, Ohio 45202, for defendant-
appellant
RINGLAND, J.
{¶ 1} Defendant-appellant, Corporan Robinson, appeals a decision from the Butler
County Court of Common Pleas denying his motion to withdraw his guilty plea. For the
reasons stated below, we affirm the decision of the trial court.
{¶ 2} Robinson is a native of the Dominican Republic and a citizen of Spain. In 2007,
Robinson pled guilty to one count of possession of marijuana in violation of R.C. 2925.11, a
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fifth-degree felony, and he was placed on community control.
{¶ 3} On April 1, 2016, Robinson moved to withdraw his guilty plea pursuant to R.C.
2943.031(D). Robinson alleged that he had not been informed of the immigration
consequences of his plea because he was not provided an interpreter at the plea hearing.
{¶ 4} The trial court held a hearing regarding Robinson's motion. At the hearing,
Robinson admitted that an interpreter was present at the plea hearing. However, he
maintained that the record was insufficient to establish that the interpreter was properly
credentialed or under oath at the plea hearing. Robinson also maintained that his trial
counsel failed to advise him of the immigration consequences of his guilty plea.
{¶ 5} The trial court denied Robinson's motion. Robinson now appeals the decision
of the trial court, raising a single assignment of error for review:
{¶ 6} THE TRIAL COURT ERRED IN OVERRULING DEFENDANTS MOTION TO
VACATED WHEN THE STATES FAILED TO SHOW THAT AN INTERPRETER HAD BEEN
SWORN IN AND WAS CERTIFIED TO PROVIDE INTERPRETATION UNDER THE RULES
OF THE STATE OF OHIO. [sic]
{¶ 7} In his sole assignment of error, Robinson argues the trial court erred by denying
his motion to withdraw his guilty plea. We find Robinson's assignment of error is without
merit.
{¶ 8} An appellate court reviews a trial court's decision on a motion to withdraw a
plea filed pursuant to R.C. 2943.031(D) for an abuse of discretion. State v. Reyes, 12th Dist.
Butler Nos. CA2015-06-113, CA2015-06-114, and CA2015-06-115, 2016-Ohio-2771, ¶ 14.
The extent of the trial court's discretion is dependent upon the basis for the withdrawal
motion. When the movant is a United States citizen, the trial court's discretion is confined to
the manifest-injustice standard contained in Crim.R. 32.1. State v. Velazquez, 12th Dist.
Butler No. CA2015-05-091, 2016-Ohio-875, ¶ 6. Where, as here, the movant is a noncitizen
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filing for relief under R.C. 2943.031(D), the standards contained within the statute govern the
trial court's decision. Id.{¶ 9} R.C. 2943.031(A) requires that a trial court personally address a defendant and
advise him or her of certain immigration consequences before accepting a guilty or no
contest plea. These consequences include the possibility of deportation, exclusion from
admission to the United States, and the denial of naturalization. R.C. 2943.031(A). The trial
court is tasked with ensuring that the defendant understands these potential consequences
prior to accepting the plea. Id. If the statutory requirements are not met, a defendant may
seek relief under R.C. 2943.031(D) and withdraw the guilty plea.
{¶ 10} Robinson claims that the record fails to demonstrate that he was provided a
certified interpreter to assist him in understanding the consequences of his guilty plea.
Robinson also claims that his interpreter was not under oath. Pursuant to R.C. 2311.14(B):
Before entering upon official duties, the interpreter shall take an
oath that the interpreter will make a true interpretation of the
proceedings to the party or witness, and that the interpreter will
truly repeat the statements made by such party or witness to the
court, to the best of the interpreter’s ability.
{¶ 11} In addition, Robinson cites the Rules of Superintendence, specifically, Sup.R.
80-89 relating to the use of interpreters. Sup.R. 88(A) requires a court to appoint a Supreme
Court certified foreign language interpreter when such is necessary to allow a witness or
party to participate in the proceedings in a meaningful way. Sup.R. 88(D) requires that any
appointed interpreter be certified except under limited circumstances. Sup.R. 81-85
addresses the requirements and process for certification, while Sup.R. 84 expressly notes
that interpreters shall be subject to the "Code of Professional Conduct for Court Interpreters
and Translators."
{¶ 12} Based on our review, we find the trial court did not err by denying Robinson's
motion to withdraw his guilty plea. Initially we note that the record plainly establishes that
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Robinson was provided an interpreter and the trial court advised Robinson of the required
immigration consequences under R.C. 2943.031(A).1 There is no evidence that the
interpreter lacked proper certification or was not placed under oath. Absent any evidence to
the contrary, this court will presume the regularity of the proceedings below. Moreover, the
record contradicts Robinson's claims that the interpreter was not sworn in. Following a
recess, the following transpired:
[PROSECTOR]: We're recalling State of Ohio versus Corporan
Robinson, Case Number 07-03-0399. The interpreter was
previously sworn and we are in the process of taking
(indiscernible).
THE COURT: Okay. [Robinson's trial counsel], the Court granted
you a recess. I believe we broke right after I had discussed with
your client, because he is a resident of the United States and not
a citizen of the United States, what may happen as a result of
this plea. Now, have you had an opportunity to discuss the
implications of his plea on the residence status?
[ROBINSON'S TRIAL COUNSEL]: We discussed that, Your,
Honor.
THE COURT: Okay. Now, Mr. Robinson, the Court has indicated
to you the possible consequences of your plea as far as your
status here in the United States. Do you still wish to enter are
[sic] a plea?
THE DEFENDANT: Yes.
While the record reflects that the prosecutor is the individual who stated on record that the
interpreter was sworn in, there was no objection from Robinson's trial counsel or indication to
the contrary from the trial court.
{¶ 13} Robinson essentially asks this court to ignore the record and engage in
speculation in order to vacate a plea that was made more than nine years ago. Simply, the
1. Despite Robinson's initial insistence otherwise, the record does reflect that Robinson was appointed a
interpreter. Besides the transcript of proceedings referencing the interpreter, there was also a docket entry
approving the interpreter's fee.
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facts and circumstances surrounding this case provide no indication of any irregularity in the
proceedings nor any indication that Robinson did not fully understand the immigration
consequences of his plea. With the assistance of an interpreter, Robinson was advised of
the required notifications and his trial counsel confirmed that he had also advised Robinson
of the plea consequences. Accordingly, we find the trial court did not err by denying
Robinson's motion to withdraw his guilty plea. Robinson's sole assignment of error is without
merit.
{¶ 14} Judgment affirmed.
HENDRICKSON, P.J., and S. POWELL, J., concur.
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