State v. Brown
2017 Ohio 7833
Ohio Ct. App.2017Background
- In Dec. 2014 Brown assaulted the Waynesburg police chief, damaged property, and allegedly assaulted a household member; indicted Feb. 10, 2015.
- On April 23, 2015 Brown pled guilty to felonious assault (first-degree felony) and criminal damaging (1st-degree misdemeanor). Sentence: four years (felonious assault) and 90 days concurrent.
- Brown’s written plea form indicated the felonious-assault term was mandatory; the original April 28, 2015 entry omitted that language and the court nunc pro tunc’ed the entry on May 8, 2015 to state the term was mandatory.
- Brown did not file a timely direct appeal. He filed several pro se motions (Dec. 2015, June 2016) claiming he misunderstood the mandatory nature of his sentence; those motions were denied.
- On April 19, 2017 Brown filed a motion to correct sentence asserting he had been promised a nonmandatory term; the trial court denied it (May 15, 2017). Brown appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brown) | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to "correct" Brown's sentence | The court properly denied the motion as barred by res judicata and/or untimely post-conviction relief; mandatory statutory term controls regardless of any plea promise | Brown says he pleaded guilty believing the 4-year term would be nonmandatory and asks correction | Affirmed: res judicata bars relief; court cannot substitute a nonmandatory term where statute mandates a mandatory term |
| Whether the plea colloquy complied with Crim.R. 11 | The claim could have been raised on direct appeal; res judicata bars collateral attack | Brown contends Crim.R. 11 was violated, rendering plea invalid | Affirmed: res judicata applies because issue was or could have been raised on direct appeal |
Key Cases Cited
- State v. Barajas-Larios, 899 N.E.2d 212 (Ohio Ct. App.) (trial court cannot impose a sentence contrary to law even if based on plea agreement)
- State v. Montgomery, 997 N.E.2d 579 (Ohio) (res judicata principles apply to post-conviction proceedings)
- State v. Szefcyk, 671 N.E.2d 233 (Ohio) (final judgment bars collateral attack on issues raised or that could have been raised on direct appeal)