rejecting ineffective assistance of counsel claim where defendant did not contest validity of plea
How later courts described this case
- rejecting ineffective assistance of counsel claim where defendant did not contest validity of plea
Written by the judges who cited it.
The opinion
[Cite as State v. Ramos, 2017-Ohio-934.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 104550
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
FRANK RAMOS
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-15-597573-A
BEFORE: Stewart, P.J., Laster Mays, J., and Jones, J.
RELEASED AND JOURNALIZED: March 16, 2017
ATTORNEY FOR APPELLANT
Erin R. Flanagan
Erin R. Flanagan, Esq., Ltd.
75 Public Square, Suite 1325
Cleveland, OH 44113
ATTORNEYS FOR APPELLEE
Michael C. O’Malley
Cuyahoga County Prosecutor
Mary Weston
Assistant County Prosecutor
Justice Center, 8th Floor
1200 Ontario Street
Cleveland, OH 44113
MELODY J. STEWART, P.J.:
{¶1} In July 2015, the grand jury returned a multiple count indictment charging
defendant-appellant Frank Ramos with counts of rape, aggravated burglary, and
kidnapping for offenses that occurred in July 1995. Defense counsel filed a motion to
dismiss the indictment on grounds of preindictment delay, but before the court could rule
on the motion, Ramos agreed to plead guilty to a single count of attempted rape. In this
appeal from that conviction, he complains that he did not receive the effective assistance
of counsel because counsel failed to raise the statute of limitations as a ground for
dismissing the indictment and failed to seek dismissal of the indictment on grounds of
preindictment delay.
{¶2} We summarily overrule the assignments of error. Ramos does not contest
the validity of his guilty plea, so that plea waived any claim of ineffective assistance of
counsel. State v. Fitzpatrick, 102 Ohio St.3d 321, 2004-Ohio-3167, 810 N.E.2d 927, ¶
78; State v. Vinson, 8th Dist. Cuyahoga No. 103329, 2016-Ohio-7604, ¶ 30. The
waiver rule applies equally to statute of limitations claims, State v. Brown, 43 Ohio
App.3d 39, 39, 539 N.E.2d 1159 (1st Dist.1988), and the failure to seek dismissal of an
indictment on grounds of preindictment delay. State v. Brown, 8th Dist. Cuyahoga No.
104095, 2017-Ohio-184, ¶ 9. Finally, the guilty plea waived the alleged,
nonjurisdictional defects in the indictment. Id.
{¶3} Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common
pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
______________________________________________
MELODY J. STEWART, PRESIDING JUDGE
ANITA LASTER MAYS, J., and
LARRY A. JONES, SR., J., CONCUR