State v. Anderson, 2014 Ohio 4699

Dwight Anderson was indicted for fourth-degree felony heroin possession (over 1g but under 5g).
He entered a negotiated guilty plea on March 11, 2013; the State agreed that any prison sentence would be capped at 12 months and that sentencing occur after April 20, 2013.
The trial court expressly stated on the record at the plea hearing that the sentence was capped at 12 months and accepted the plea.
Anderson missed the originally scheduled sentencing hearing (April 22, 2013); a capias issued after the court learned he failed to appear. Eight months later he was apprehended.
At sentencing on December 30, 2013, the court imposed 14 months in prison (no mention of the prior 12-month cap); Anderson did not object in the trial court and now appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court breached an accepted plea agreement by imposing a 14-month sentence instead of the agreed 12-month cap	State concedes the court accepted the agreement but argues circumstances (failure to appear) justified deviation	Anderson argues the court accepted the plea on the record, gave no notice it might deviate or condition the cap on his appearance, so the court was bound to the 12-month cap	Court held the trial court plainly erred: once it accepted the plea agreement on the record it was bound to honor the 12-month cap or permit withdrawal of the plea

Wickline v. Ohio, 50 Ohio St.3d 114 (Ohio 1990) (failure to raise an error in trial court generally waives all but plain error)
State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (standard for finding plain error)
State v. Johnson, 164 Ohio App.3d 792 (Ohio Ct. App. 2005) (plain-error review when defendant fails to object to sentencing)
State v. Arde, 190 Ohio App.3d 196 (Ohio Ct. App. 2010) (trial court that accepts a plea agreement on the record must honor it; if it declines, defendant must be allowed to withdraw plea)