State v. Cuthbertson

Vukovich, Judge.

Defendant-appellant Donnell Cuthbertson appeals the decision of the Mahoning County Common Pleas Court which denied his motion to withdraw a guilty plea. For the following reasons, the trial court’s decision is reversed, and this cause is remanded with orders to allow appellant to withdraw his plea of guilty to the charge of murder with a firearm specification.

STATEMENT OF FACTS

On February 7, 1997, appellant was indicted for aggravated murder in violation of R.C. 2903.01(A) with a firearm specification in violation of R.C. 2941.145(A). It was alleged that he purposely and with…