2023 Ohio 154
Ohio Ct. App.2023Background
- On August 16, 2021, Marcellas L. Boulware shot and killed Cailus Parks, Jr.; he was indicted on two murder counts and one felonious-assault count, each with firearm specifications.
- Pursuant to a plea agreement, Boulware pleaded guilty to voluntary manslaughter (a first-degree felony); the State dismissed the remaining counts and specifications and a PSI was ordered.
- Boulware pleaded guilty on February 10, 2022 and was sentenced on March 10, 2022 after victim- and defendant-family statements.
- The trial court imposed the maximum term for a first-degree felony: 11 to 16.5 years.
- On appeal Boulware challenged (1) imposition of the maximum term without adequate consideration of mitigating factors, (2) failure to be advised of appellate rights at sentencing, and (3) inadequate Reagan Tokes (R.C. 2929.19(B)(2)(c)) notifications.
Issues
| Issue | State's Argument | Boulware's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing the maximum term without following R.C. 2929.11/2929.12 | Court complied with sentencing statutes and had discretion to impose any term within the statutory range | Court failed to consider mitigating factors and did not adequately explain maximum sentence | Court: sentence within statutory range; court stated it considered R.C. 2929.11 and balanced R.C. 2929.12 factors; not contrary to law (sentence affirmed on this ground) |
| Whether failure to orally advise of appellate rights at sentencing requires reversal (Crim.R. 32(B)(2)) | Any omission was harmless because Boulware timely appealed with counsel | Sentence invalid because defendant not informed of right to appeal | Court: omission harmless; Boulware not prejudiced because he filed a timely appeal with counsel (claim rejected) |
| Whether Reagan Tokes notifications at sentencing complied with R.C. 2929.19(B)(2)(c) | Oral summary plus detailed written explanation in the judgment entry was sufficient | Oral advisement at the hearing was incomplete; defendant must be fully advised at hearing and in entry | Court: notifications were insufficient; oral advisement did not include all statutorily required points; sentence vacated in part and remanded for a new sentencing hearing limited to providing the required Reagan Tokes oral notifications |
Key Cases Cited
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (appellate courts may not reweigh sentencing evidence; review is limited to whether sentence is contrary to law)