State v. Sales

[Cite as State v. Sales, 2022-Ohio-4326.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY STATE OF OHIO, : Appellee, : CASE NO. CA2022-05-056 : OPINION - vs - 12/5/2022 : HALLAN IVERZON JERONIMO SALES, : Appellant. : CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2021-03-0312 Michael T. Gmoser, Butler County Prosecuting Attorney, and John C. Heinkel, Assistant Prosecuting Attorney, for appellee. George A. Katchmer, for appellant. S. POWELL, P.J. {¶ 1} Appellant, Hallan Iverzon Jeronimo Sales, appeals from the decision of the Butler County Court of Common Pleas denying his presentence motion to withdraw his guilty plea to single counts of fourth-degree felony vehicular assault and first-degree misdemeanor operating a vehicle while under the influence of alcohol. For the reasons outlined below, we affirm the trial court's decision. Butler CA2022-05-056 {¶ 2} On March 31, 2021, the Butler County Grand Jury returned an indictment charging Sales with third-degree felony aggravated vehicular assault in violation of R.C. 2903.08(A)(1)(a) and first-degree misdemeanor operating a vehicle while under the influence of alcohol ("OVI") in violation of R.C. 4511.19(A)(1)(a). A superseding indictment was thereafter returned that included an additional charge of first-degree misdemeanor OVI in violation of R.C. 4511.19(A)(1)(e). {¶ 3} The charges arose after the then unlicensed and intoxicated Sales caused an automobile accident between himself and a parked police cruiser during the early morning hours of February 25, 2021, while traveling westbound on E. Cresentville Road in West Chester Township, Butler County, Ohio. The crash between Sales' vehicle and the parked police cruiser caused the victim seated in the police cruiser's backseat to be hospitalized for several weeks with a subdermal hematoma that required the victim to undergo emergency neurosurgery. Sales, a non-citizen who immigrated to the United States from his home country of Guatemala, and whose native language is Mam, was 18 years old at the time of the accident.1 {¶ 4} On April 14, 2021, Sales appeared at his arraignment hearing and a not guilty plea was entered on Sales' behalf. The matter then proceeded to discovery and Sales' trial was scheduled for November 15, 2021. Approximately seven months later, on November 3, 2021, Sales moved the trial court for a continuance of his trial date so that his then attorney, Attorney Louis E. Valencia, II, would have time to review certain medical records that the state had yet to receive from the victim.2 The trial court granted Sales' motion to continue and rescheduled Sales' trial to take place on January 10, 2022. 1. Mam is a Mayan language spoken primarily in Guatemala. 2. There is no dispute that Attorney Valencia is bilingual and speaks fluently in both English and Spanish. -2- Butler CA2022-05-056 {¶ 5} On December 9, 2021, the trial court met with counsel for both parties in chambers to discuss Sales' upcoming trial. During this meeting, counsel spoke at length regarding a potential resolution of the case. The record indicates that a sizable portion of this discussion came from …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals