State v. Wesseler

State: Ohio

Docket No: 2001-Ohio-8638

Case Date: 12/17/2001

Plaintiff: State

Defendant: Wesseler

Preview:[Cite as State v. Wesseler, 2001-Ohio-8638.]

IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY

STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2001-08-087
: O P I N I O N

-vs - 12/17/2001
:

MICHAEL WESSELER, :
Defendant-Appellant. :

Robin N. Piper, Butler County Prosecuting Attorney, Daniel G.
Eichel and Jeffrey P. Guiliano, Government Services Center, 315
High Street, 11th Fl., Hamilton, Ohio 45011, for plaintiff-appellee

Michael Wesseler, #335-150, London Correctional Institution, P.O.
Box 69, London, Ohio 43140-0069, pro se

WALSH, J. Defendant-appellant, Michael Wesseler, appeals the

denial of his motion to withdraw his no contest plea.

In 1996, appellant was indicted on one count each of felonious
assault with a firearm specification, trafficking in marijuana, and
having weapons under disability. After an unsuccessful attempt to
suppress evidence seized during a search of his home, appellant
entered a no contest plea, was found guilty and sentenced, and
filed a direct appeal of the trial court's ruling on his motion to

suppress. See State v. Wesseler (Feb. 17, 1998), Butler App. No.
CA96-07-131, unreported (denial of motion to suppress affirmed),
jurisdictional motion overruled, 82 Ohio St.3d 1413.

On June 28, 2001, appellant filed a pro se motion to withdraw
his no contest plea claiming that because of ineffective assistance
of counsel he did not knowingly, intelligently, or voluntarily
enter the plea. The trial court denied appellant's motion without
a hearing and, in a timely appeal, appellant submits two assign

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