State v. Valdez

2024 Ohio 3357
CourtOhio Court of Appeals
DecidedSeptember 3, 2024
DocketCA2023-11-015
StatusPublished
Cited by2 cases

This text of 2024 Ohio 3357 (State v. Valdez) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Valdez, 2024 Ohio 3357 (Ohio Ct. App. 2024).

Opinion

[Cite as State v. Valdez, 2024-Ohio-3357.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

PREBLE COUNTY

STATE OF OHIO, :

Appellee, : CASE NO. CA2023-11-015

: OPINION - vs - 9/3/2024 :

SIMON PETER VALDEZ, :

Appellant. :

CRIMINAL APPEAL FROM PREBLE COUNTY COURT OF COMMON PLEAS Case No. 22CR013917

Martin P. Votel, Preble County Prosecuting Attorney, and Kathryn M. West, Assistant Prosecuting Attorney, for appellee.

Kirsten Knight, for appellant.

HENDRICKSON, J.

{¶ 1} Appellant, Simon Peter Valdez, appeals his conviction in the Preble County

Court of Common Pleas following his guilty plea to rape. For the reasons set forth below,

we affirm his conviction.

{¶ 2} Appellant was indicted on June 6, 2022, on two counts of rape in violation

of R.C. 2907.02(A)(1)(c) and (B), felonies of the first degree, and two counts of gross Preble CA2023-11-015

sexual imposition in violation of R.C. 2907.05(A)(5) and (C)(1), felonies of the fourth

degree. The charges arose out of allegations that appellant engaged in sexual conduct

with a woman who was not his spouse and who did not have the ability to resist or whose

consent was substantially impaired because of a mental condition, and appellant had

reasonable cause to know of the impairment. Appellant admitted to an investigator officer

that he and the victim had engaged in oral sex together.

{¶ 3} Appellant was appointed counsel and initially entered a not guilty plea to the

charges. On November 22, 2022, at appellant's request, the court appointed new counsel

for appellant. Following discovery, the retention of an expert who conducted an

independent evaluation of the victim's mental condition, and plea negotiations, the

defendant appeared before the trial court on October 9, 2023 to change his plea.

Appellant agreed to plead guilty to a single count of rape in violation of R.C.

2907.02(A)(1)(c) in exchange for the remaining offenses being dismissed and the state

agreeing to cap its sentence recommendation at nine years. The trial court began its

Crim.R. 11 plea colloquy. After the state laid out the agreement and introduced a written

plea waiver, the court asked appellant whether the terms in the plea waiver were

acceptable to him. The following discussion then occurred:

THE COURT: And are those terms acceptable to you?

[Appellant]: No, sir.

THE COURT: Let me try again –

[Appellant]: I do not accept 'em.

THE COURT: You—okay you do not want to plead today?

[Appellant]: I do, but I would like to address the Court, Sir, please.

THE COURT: Tell your Attorney what you intend to say because I don't want you to say something that might hurt your

-2- Preble CA2023-11-015

interest. So go ahead and talk to [defense counsel].

{¶ 4} Following a conversation between appellant and defense counsel, counsel

addressed the court, explaining that appellant had "frustrations regarding prior Counsel

and the – the delays that came as a result of that, beginning the case, prior to [his]

involvement." Appellant was also unhappy with continuances that happened after his

new counsel has been appointed and new counsel had requested an evaluation of the

victim. Appellant interrupted his counsel's explanation to ask that he be given new

representation.

[Appellant]: Your Honor, may I speak, please? I wanna get rid of him and I – I need a new lawyer. That's why I need to address the Court.

THE COURT: I'm – I – what reason would you want to . . . have new counsel?

[Appellant]: [I]n May, when I was supposed to have pretrial, he came made a deal to hire the forensic psychologist. I talked to him on that date and he told me it'd be just a minute or two, take patience, never told me that they postponed my trial till this time of year, five months later, I received it through the Court's on the 17th of May. ...

[H]e didn't, tell me about my trial bein' postponed that far, cause I asked him, he said it'd be just a lil' while, just hang tight. . . .

THE COURT: Mr. Valdez . . . I'm going to cut you off because what you're saying is not relevant to what we're doing here today.

[Appellant]: Well, he – so Friday we made the – the meeting –

THE COURT: I'm going to talk to you about, just for a moment, about the hiring of the expert. We have to hire psychological experts all the time . . . and things like that, those people are few and far between anymore, there are not nearly the people who are willing to entertain those kind of evaluations and appear in court as we used to have, and it takes a long time. So that was a request that was made, that was – had nothing

-3- Preble CA2023-11-015

to do with [second appointed counsel].

[Second appointed counsel] is an excellent lawyer, a very ethical lawyer, I've dealt with him for years and years and years, I am not going to grant your request for a new attorney.

[Appellant]: Well, I'm not finished, Your Honor.

THE COURT: I – Yes, you are, because it's not relevant to what we're doing here today, Mr. Valdez. Because either we're going to take a plea or we're going to set a new trial date. And then there will be no pleas taken. The – this is – I'm not even going to allow the State to make another plea offer because we had jurors set to come in, we had your expert witness that you'd requested who was scheduled to come in, there was a lot of inconvenience, I – because we [were] told that you had – wanted to enter a plea, which is fine, you have every right in the world to enter a plea, you have every right in the world to have a trial, but we're not going to do this yo-yo back and forth anymore.

If you need a couple more minutes to talk to [second appointed counsel] if – about entering the plea today, I'll grant you that. If you say, "nope, I don't want to enter the plea," we're going to set a trial date and there will be a trial on that date, I'm not going to accept a plea to anything other than as charged under the indictment because I – we – we just . . . have to get this case resolved. You want to get it resolved. So do I. ...

[Appellant]: [H]e told me Friday, against my will, he talked me into doin' a plea that said you and . . . the DA were on board with a five year, then two hours later, he called the jail for me to call him and told me this deal. That's where I – where I'm upset.

THE COURT: So, are you telling me you want a trial?

[Appellant]: Yes, Sir.

[Second appointed counsel]: Can we just take a brief moment, Your Honor, so I can speak with him?

THE COURT: You – you may.

(Emphasis added.)

{¶ 5} After a brief recess for appellant to speak with his counsel, defense counsel

-4- Preble CA2023-11-015

indicated appellant wished to enter a guilty plea pursuant to the terms of the negotiated

plea deal. The court verified with appellant that he wished to enter a guilty plea rather

than go to trial as follows:

THE COURT: Is that what you want to do, Mr. Valdez?

[Appellant]: Yes Sir. . . .

THE COURT: I don't want . . . to be argumentative – let – let me tell you how – what I'm thinking. I am not trying to be mean by cutting you off, it's just some things are relevant at a certain point, some things are not.

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Cite This Page — Counsel Stack

Bluebook (online)
2024 Ohio 3357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-valdez-ohioctapp-2024.