[Cite as State v. Frierson, 2017-Ohio-4178.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION 

No. 104671 

STATE OF OHIO

PLAINTIFF-APPELLEE 

vs. 

CHINA FRIERSON

DEFENDANT-APPELLANT 

JUDGMENT: 

AFFIRMED

Criminal Appeal from the 

Cuyahoga County Court of Common Pleas 

Case Nos. CR-14-591239-C and CR-16-603587 

BEFORE: Stewart, P.J., S. Gallagher, J., and Jones, J. 

RELEASED AND JOURNALIZED: June 8, 2017 
FOR APPELLANT

China Frierson, pro se 

Inmate No. 681-713 

Lake Erie Correctional Institution 

P.O. Box 8000 

501 Thompson Road 

Conneaut, OH 44030 

ATTORNEYS FOR APPELLEE

Michael C. O’Malley 

Cuyahoga County Prosecutor 

Christine M. Vacha 

Assistant County Prosecutor 

Justice Center, 9th Floor 

1200 Ontario Street 

Cleveland, OH 44113 
MELODY J. STEWART, P.J.: 

{¶1} In this pro se appeal, defendant-appellant China Frierson maintains that the 

court found him guilty without actually accepting his guilty plea. 

{¶2} Frierson pleaded guilty to assorted drug trafficking counts. At sentencing, 

he had second thoughts and told the court that if he had known that one of his 

codefendants was also going to plead guilty, he “never wouldn’t [sic] have pled out to 

them” because the drugs at issue did not belong to him. Tr. 19. The court then stated, 

“[s]o are you telling me you want to withdraw your plea here today?” Frierson replied in 

the affirmative. After some discussion about the nature of the offenses to which Frierson 

pleaded guilty, including the state’s agreement to nolle firearm specifications attached to 

the drug charges, the court told Frierson that “[w]e’ll withdraw your plea and you’ll go to 

trial tomorrow, firearm spec and everything. No further plea deals on this case.” At that 

point, Frierson asked for time to consult with defense counsel. The court recessed, and 

when it reconvened, defense counsel told the court that Frierson “has decided not to 

vacate his plea and will take the — and will be sentenced today.” Tr. 23. 
{¶3} Frierson does not dispute that he abandoned his motion to withdraw his guilty 

plea, but maintains that the court had to renew the Crim.R. 11 plea advisement after he 

changed his mind. There is no merit to this argument. Because the court speaks only 

through its journal, State v. Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.3d 

659, ¶ 29, it could only vacate the guilty plea by journal entry. The court did not issue a 

journal entry granting the motion to withdraw the guilty plea, so the guilty plea remained 

extant. The court did not have to conduct a new plea colloquy. 

{¶4} 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 

SEAN C. GALLAGHER, J., and 

LARRY A. JONES, SR., J., CONCUR