State v. Lucente, Unpublished Decision (3-29-2005)

OPINION

{¶ 1} Defendant-appellant Nino Lucente appeals from the judgment of the Mahoning County Common Pleas Court denying his motion to withdraw his guilty plea. The issue presented in this appeal is whether the advisement in R.C. 2843.031 was given to appellant prior to him entering a guilty plea. For the reasons stated below, the judgment of the trial court is reversed, the plea is vacated and the case is remanded for further proceedings.

STATEMENT OF CASE AND FACTS

{¶ 2} On June 20, 2002, appellant and his brother Salvatore Lucente, noncitizens, were secretly indicted by the Mahoning County…