COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 70929 STATE OF OHIO : : Plaintiff-appellee : : JOURNAL ENTRY -vs- : AND : OPINION AJMAL KAZMI : : Defendant-appellant : : DATE OF ANNOUNCEMENT : JUNE 5, 1997 OF DECISION : CHARACTER OF PROCEEDING : Criminal appeal from Court of Common Pleas : Case No. CR-315719 JUDGMENT : Reversed and Remanded DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: For defendant-appellant: STEPHANIE TUBBS JONES, ESQ. TRACEY K. O'DAY, ESQ. Cuyahoga County Prosecutor 21801 Lakeshore Boulevard EDWARD F. FERAN, ESQ. Euclid, OH 44123 Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, OH 44113 - 2 - PATTON, J. Defendant-appellant Ajmal Kazmi ("defendant") appeals the decision of the trial court claiming he did not knowingly and voluntarily enter his guilty plea. We are constrained to sustain defendant's appeal based on this court's prior decision in State v. Teixeira (December 19, 1996), Cuyahoga App. No. 70619, unreported. Teixeira is the companion case to the instant case involving defendant's co-defendant. Because the facts and issues are nearly identical we sustain defendant's appeal. Judgment reversed and remanded. - 3 - This cause is reversed and remanded to the lower court for further proceedings consistent with this opinion. It is, therefore, considered that said appellant recover of said appellee his costs herein. It is ordered that a special mandate be sent to said 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. NAHRA, P.J. ROCCO, J., CONCUR JUDGE JOHN T. PATTON N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App. R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .