State v. Bohanon
2013 Ohio 261
Ohio Ct. App.2013Background
- Bohanon was indicted in March 2010 on nine counts; several later amended/forfeiture and handling firearm charges remained, others nolled.
- In August 2010 Bohanon pled guilty to amended burglary, felonious assault with a R.O.I. enhancement for a police officer, and improperly handling a firearm in a motor vehicle.
- At sentencing, the court imposed 9 years for burglary and 7 years for felonious assault consecutive, plus 11 months for failure to comply served concurrent, totaling 16 years, with 5 years postrelease control.
- The sentencing entry erroneously stated 16 years and 11 months instead of 16 years.
- Bohanon appealed, arguing ineffective assistance of counsel for not challenging speedy-trial rights and challenging the sentencing entry error.
- The court sustained Bohanon’s second assignment of error and remanded to correct the judgment entry; the first assignment was overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial claim waiver via guilty plea | Bohanon's speedy-trial rights were violated; ineffective counsel should have challenged. | Speedy-trial violation occurred; counsel should have moved to dismiss. | Waived on appeal; no reversible error found. |
| Judgment-entry sentencing error | Judgment entry correctly reflects a 16-year sentence. | Judgment entry incorrectly listed 16 years 11 months. | Second assignment sustained; remand to correct to 16 years. |
Key Cases Cited
- State v. Kelley, 57 Ohio St.3d 127 (1991) (waiver of speedy-trial rights after guilty plea)
- Montpelier v. Greeno, 25 Ohio St.3d 170 (1986) (speedy-trial waiver when pleading guilty)
- State v. Johnson, 8th Dist. No. 61904 (1993) (ineffective-assistance framework for speedy-trial issues)
- State v. Goodwin, 2010-Ohio-1210 (8th Dist. 2010) (speedy-trial rights analysis after guilty plea)
- State v. Miller, 8th Dist. No. 94790 (2011) (procedural review of sentencing and journal entries)