State v. Blackburn
2017 Ohio 306
| Ohio Ct. App. | 2017Background
- Blackburn was indicted in two Champaign County cases for fifth-degree felonies: possession of heroin (Nov. 2015) and aggravated possession of methamphetamine plus possession of heroin (Feb. 2016); misdemeanors were later dismissed as part of plea deals.
- In both cases Blackburn admitted drug use and pled guilty pursuant to plea agreements that preserved the State’s ability to seek prison and required a PSI; he also stipulated that counts in one case were not allied and would not merge.
- At sentencing the court considered the PSI, jail letters showing prohibited contact with co-defendant Josiah Thrasher, Blackburn’s criminal history and prior community-control violations, and findings that the offenses were committed while on community control and as part of organized activity.
- The court found recidivism likely, declined intensive prison placement, imposed consecutive prison terms (10 months + 11 months + 11 months = 32 months), suspended license, fined $750 plus costs, and awarded 41 days jail credit for one case.
- Appellate counsel filed an Anders brief concluding there were no issues of arguable merit; Blackburn did not file a pro se brief. The appellate court conducted an independent Anders review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty pleas | Pleas were knowing, voluntary, and complied with Crim.R. 11 | No non-frivolous challenge raised by counsel | Pleas accepted; no arguable merit in any plea challenge |
| Sentencing discretion and findings | Court properly considered PSI and statutory factors; made required consecutive-sentence findings | No non-frivolous challenge raised by counsel | Sentences affirmed; consecutive findings were made and incorporated into entry |
| Imposition of prison vs. community control under R.C. 2929.13(B)(1)(b) | Court permissibly exercised discretion given community-control violations and organized-activity findings | No non-frivolous challenge raised by counsel | Court’s findings supported imposition of prison terms |
| Anders procedure / counsel withdrawal | State defends conviction and sentence; opposes claims lacking merit | Appellate counsel contends appeal is frivolous and seeks to withdraw under Anders | Independent Anders review found no non-frivolous issues; judgment affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requires independent appellate review when appointed counsel reports appeal as frivolous and seeks withdrawal)