COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68081 STATE OF OHIO, : : ACCELERATED DOCKET : Plaintiff-Appellee : JOURNAL ENTRY : v. : AND : FRANK ZEMLA, : OPINION : : PER CURIAM Defendant-Appellant : DATE OF ANNOUNCEMENT OF DECISION: MAY 18, 1995 CHARACTER OF PROCEEDING: Criminal appeal from Common Pleas Court Case No. CR-267948 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellee: John W. Monroe Assistant County Prosecutor The Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: Jerry Milano 600 Standard Building 1370 Ontario Street Cleveland, Ohio 44113 -2- PER CURIAM: Defendant-appellant Frank Zemla appeals from the trial court order which denied his motions to vacate plea and/or reduce his sentence. Appellant contends the trial court erred both in its ruling and in its failure to hold an oral hearing on his motions. The decision of the trial court is affirmed on the authority of the following: State v. Smith (1977), 49 Ohio St.2d 261; State v. Peterseim (1980), 68 Ohio App.2d 211; State v. Blatnick (1984), 17 Ohio App.3d 201; and State v. Hall (Apr. 23, 1992), Cuyahoga App. Nos. 59798 and 60953, unreported. The record reveals that at appellant's plea hearing the trial court substantially complied with the requirements of Crim.R. 11(C) and that appellant was fully aware of the consequences of his plea and the terms of his advantageous plea bargain. Moreover, the trial court stated in its order that it had "reviewed the transcript" with reference to the applicable case law. Thus, appellant cannot demonstrate either manifest injustice or that the trial court abused its discretion in overruling his motions. Accordingly, appellant's assignments of error are overruled. The judgment of the trial court is affirmed. -3- It is ordered that appellee recover of appellant its 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. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. DAVID T. MATIA, PRESIDING JUDGE ANN DYKE, JUDGE JOSEPH J. NAHRA, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time .