State v. Eshbaugh

State: Ohio

Docket No: 2001-Ohio-8832

Case Date: 12/21/2001

Plaintiff: State

Defendant: Eshbaugh

Preview:[Cite as State v. Eshbaugh, 2001-Ohio-8832.]
COURT OF APPEALS
ELEVENTH DISTRICT
TRUMBULL COUNTY, OHIO

J U D G E S
STATE OF OHIO,      Plaintiff-Appellee,  HON. DONALD R. FORD, P.J., HON. ROBERT A NADER, J., HON. DIANE V. GRENDELL, J.
- vs -ROBERT D. ESHBAUGH, JR.,  CASE NO. 97-T-0109
      Defendant-Appellant.  O P I N I O N

CHARACTER OF PROCEEDINGS:   Criminal Appeal from the Court of Common Pleas Case No. 90 CR 388
JUDGMENT:  Affirmed.
DENNIS WATKINS ROBERT  D. ESHBAUGH, JR., pro se TRUMBULL COUNTY Volunteers of America PROSECUTOR 290 North Main Street
Mansfield, OH 44902 LUWAYNE ANNOS ASSISTANT PROSECUTOR (Defendant-Appellant) Administration Building, Third Floor 160 High Street, N.W. Warren, OH  44481

(For Plaintiff-Appellee)
NADER, J.
This is an appeal from the judgment of the Trumbull County Court of Common Pleas, denying the motion of appellant, Robert Eshbaugh Jr., to withdraw his guilty plea.
On October 25, 1990, appellant pleaded guilty to attempted rape, in violation of R.C. 2923.02 and 2907.02(A)(1)(b).  On January 10, 1991, appellant was sentenced to an indefinite term of three to fifteen years in prison.  On April 11, 1997, appellant filed a motion to withdraw his guilty plea.
Appellant argued that H.B. 180, modifying the R.C. 2950 reporting and notification requirements for sexual offenders, changed the terms of his plea-bargain agreement with the state.  Appellant also argued that, because he was not informed of these provisions at the time of his guilty plea, his plea was not knowingly and voluntarily made, and thus, there was an extraordinary circumstance resulting in manifest injustice.  The trial court denied appellant

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