2019 Ohio 1317
Ohio Ct. App.2019Background
- Justin Asher was indicted for improperly handling a firearm in a motor vehicle (4th‑degree felony) and carrying a concealed weapon; he pled guilty to improperly handling a firearm and the CCW charge was dismissed.
- At plea hearing the court confirmed Asher could read/write, was not under the influence, had discussed the plea with counsel, understood the nature and consequences of the plea, and informed him of constitutional rights; the court accepted the plea under Crim.R. 11(C)(2).
- Sentencing was continued; at sentencing Asher said he was "really innocent" and that he didn’t think his conduct was a crime, but he admitted possessing the gun in the vehicle during the hearing.
- The trial court imposed five years of community control, including 180 days in jail and forfeiture of the firearm.
- Asher appealed, arguing (1) the trial court should have vacated his guilty plea sua sponte after his protestations of innocence at sentencing, and (2) the five‑year community‑control term was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in accepting the guilty plea and should have vacated it after Asher protested innocence at sentencing | State: Plea complied with Crim.R. 11(C)(2); court properly accepted a knowing, voluntary plea | Asher: His later assertions of innocence at sentencing required the court to inquire further or vacate the plea sua sponte | Court: No error; plea was knowing, intelligent, voluntary; later protestations of innocence do not automatically void a valid Crim.R. 11 plea |
| Whether the five‑year community‑control sentence was improper | State: Sentence is within statutory limits and lawful | Asher: Five‑year community control was erroneous | Court: No error; R.C. 2929.15(A)(1) permits up to five years and no mandatory findings were required |
Key Cases Cited
- Montgomery v. Louisiana, 71 N.E.3d 180 (Ohio 2016) (Crim.R. 11 guilty‑plea standards and required colloquy)
- Marcum v. State, 59 N.E.3d 1231 (Ohio 2016) (standard for appellate review of felony sentences under R.C. 2953.08)
- State v. White, 997 N.E.2d 629 (1st Dist. 2013) (standards for reviewing trial court sentencing and community control)