2011 Ohio 6008
Ohio Ct. App.2011Background
- Aguilar was indicted on two counts of felonious assault with accompanying firearm specifications; he pled guilty to one count with the firearm specification dismissed, under a plea agreement for a minimum sentence.
- The trial court sentenced Aguilar to five years for felonious assault and three years for the firearm specification, to be served consecutively for a total of eight years.
- A presentence investigation noted Aguilar had other felony charges pending in Cuyahoga County.
- Aguilar timely appealed raising three assignments of error challenging the sentence and plea.
- The appellate court held the first assignment forfeited/plain-error not shown, the second assignment unpersuaded, and the third assignment lacked prejudice and ineffective-assistance claims.
- The court affirmed the Wayne County Court of Common Pleas’ judgment; costs taxed to Aguilar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the eight-year sentence was improper for improper consideration | Aguilar | State | First assignment of error overruled/no plain error |
| Whether the plea was knowing, voluntary, and intelligent given a question about judicial release | Aguilar | State | Second assignment of error overruled; substantial compliance with Crim.R. 11; no prejudice shown |
| Whether trial counsel was ineffective for failing to object to grounds for sentence and to the plea | Aguilar | State | Third assignment of error overruled; no deficient performance shown; proper consideration of pending charges and postrelease-control issues |
Key Cases Cited
- State v. Sarkozy, 117 Ohio St.3d 86 (2008-Ohio-509) (knowingly, voluntarily, and intelligently entered plea; totality of circumstances)
- State v. Engle, 74 Ohio St.3d 525 (1996-Ohio-412) (plea must be knowingly, voluntarily, and intelligently entered)
- State v. Nero, 56 Ohio St.3d 106 (1990-Ohio-78) (substantial compliance with Crim.R. 11 suffices under totality of circumstances)
- State v. Simmons, 2006-Ohio-5760 (1st Dist. 2006) (informing about judicial release not required unless included in plea bargain)
- State v. Gibson, 2008-Ohio-4518 (7th Dist. 2008) (discussion of judicial release not mandatory when not part of plea)
- State v. Mitchell, 2006-Ohio-618 (11th Dist. 2006) (informing about post-release control; not required to discuss judicial release)
- State v. Cline, 2006-Ohio-4782 (10th Dist. 2006) (plea discussions and release concepts in plea context)
- State v. Griggs, 2004-Ohio-4415 (4th Dist. 2004) (nonconstitutional rights errors require prejudice; totality of circumstances)
- State v. Williams, 51 Ohio St.2d 112 (1977-Ohio-9) (forfeiture doctrine in appellate review)
- State v. Evans, 2010-Ohio-3545 (9th Dist. 2010) (prejudice required to overturn guilty plea; Strickland framework applied)
- State v. Mundt, 2007-Ohio-4836 (7th Dist. 2007) (forfeiture and prejudice considerations in appellate review)
- Bradley v. State, 42 Ohio St.3d 136 (1989-Ohio-1) (two-prong standard for ineffective assistance of counsel)
- Lytle v. Ohio, 48 Ohio St.2d 391 (1976-Ohio-1) (essential duties of defense counsel; prejudice inquiry)