State v. Bevers, 2018 Ohio 4135

Christopher Bevers was indicted on four drug-related counts; he pleaded guilty to Count 2 (aggravated possession of methamphetamine) and Count 3 (illegal manufacture of methamphetamine) as part of a plea deal dismissing Counts 1 and 4 and recommending an aggregate six-year prison term.
During the plea colloquy and on the written plea form, the trial court stated that the mandatory minimum for illegal manufacture (a second-degree felony) was five years.
R.C. 2925.04(C)(3)(a) ordinarily sets a three-year mandatory minimum for that offense, increasing to five years only if the offender previously was convicted of (or pleaded guilty to) certain specified offenses.
The indictment in this case did not allege a prior conviction, and the trial record initially contained no explicit reference to one.
The State asked the appellate court to take judicial notice of a 2013 Montgomery County conviction in which Bevers pleaded guilty to illegal assembly or possession of chemicals for drug manufacture (R.C. 2925.041(A)). The appellate court took judicial notice of that public docket entry.
On that basis the court held the trial court’s statement that a five-year mandatory minimum applied was correct, and Bevers’s guilty plea was knowingly, intelligently, and voluntarily entered; convictions were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the plea was unintelligent/ involuntary because the trial court misstated the mandatory minimum for illegal manufacture of methamphetamine.	The State contended the court correctly informed Bevers the mandatory minimum was five years because Bevers had a qualifying prior conviction.	Bevers argued the mandatory minimum was three years (not five) absent any on-record prior conviction, so the court misinformed him and his plea was not knowing/voluntary.	Held: Court took judicial notice of Bevers’s 2013 conviction for illegal assembly/possession of chemicals; five-year minimum applied; plea was valid.

State v. Allen, 29 Ohio St.3d 53, 506 N.E.2d 199 (1987) (prior conviction that only enhances penalty need not be alleged in indictment)
Morgan v. City of Cincinnati, 25 Ohio St.3d 285, 496 N.E.2d 468 (1986) (appellate courts may take judicial notice of matters of public record)
State ex rel. Everhart v. McIntosh, 115 Ohio St.3d 195, 874 N.E.2d 516 (2007) (courts may take judicial notice of public records and online dockets)
State v. Cooperrider, 4 Ohio St.3d 226, 448 N.E.2d 452 (1983) (postconviction relief is proper vehicle for evidence dehors the record)