State v. Boysel, 2011 Ohio 1732

Indicted in Van Wert County on four counts of sexual battery, all third-degree felonies.
Boysel pleaded not guilty at arraignment; later pled guilty to all four counts as part of a plea deal.
State agreed to recommend specific sentences for each count and to run them consecutively for a total 12 years.
Trial court accepted pleas, ordered PSI, and scheduled sentencing for June 30, 2010, later rescheduled to July 7, 2010.
Boysel filed a delayed appeal after sentencing; appellate review followed under App.R. 5(a).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel regarding plea and sentencing	Boysel alleges counsel misrepresented sentence cap; plea induced by misbelief; counsel ineffective	Boysel argues counsel failed to secure sub-10-year sentencing; misstatement not demonstrated	No reversible error; no evidence of deficient performance or prejudice
Conformity of sentence with felony sentencing statutes and standards	Boysel asserts sentence improperly applied per 2929.11–2929.12	Court properly considered mitigating factors and PSI; no abuse of discretion	Sentence within statutory ranges; no clear and convincing showing of error or abuse of discretion

State v. Kole, 92 Ohio St.3d 303 (2001) (ineffective assistance framework; Strickland standard applied in plea context)
Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
Hill v. Lockhart, 474 U.S. 52 (1985) (plea-based prejudice requires reasonable probability of different outcome)
State v. Xie, 62 Ohio St.3d 521 (1992) (prejudice inquiry for guilty-plea ineffective assistance)
State v. Ramos, 2007-Ohio-767 (2007) (clear-and-convincing standard for sentencing review under 2953.08)
State v. Kalish, 120 Ohio St.3d 23 (2008) (standard of review for sentencing under Kalish plurality/alignment)
State v. Boshko, 139 Ohio App.3d 827 (2000) (review of sentencing impact and record support)