State v. Chase, 2021 Ohio 1006

Background

Two separate 2018 incidents: (1) Sept. 18 traffic stop and inventory search found a meth pipe and 0.26 g meth; (2) Oct. 11 after a workplace break‑in, with Chase’s consent police searched his van and found two scales, $565, a bill with white powder, a residue pipe, and 27.66 g meth.
Chase pleaded guilty to aggravated possession (felony 5) for the first incident and aggravated possession (felony 2) for the second; court imposed concurrent terms — 1 year and 5 years, respectively.
Sentencing was continued for medical reasons; Chase later failed to appear at a rescheduled hearing, a warrant issued, and he was sentenced after his arrest.
On appeal Chase argued (1) sentencing court failed to properly apply R.C. 2929.11/2929.12, improperly considered his nonappearance, juvenile record, drug dependence, and remorse; (2) the plea/advisement process improperly required a waiver of counsel and court erred on appointment/advice of appeal rights; and (3) trial counsel was ineffective for not moving to suppress the van search.
The court affirmed: it found the record permits the trial court’s considerations (including nonappearance and juvenile adjudications for recidivism), Chase was not forced to waive counsel and suffered no prejudice about appeal counsel, and the guilty plea waived suppression-based ineffective-assistance claims absent showing the plea was involuntary.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Chase)	Held
Whether sentencing complied with R.C. 2929.11/2929.12	Trial court properly considered statutory factors; silent record presumed consideration; nonappearance and drug/amount evidence relevant	Court failed to properly weigh/consider statutory factors, improperly punished nonappearance, ignored drug dependence, mischaracterized remorse, and criminal history didn’t justify 5 years	Affirmed — presumption of consideration applies; nonappearance and drug amount (and indicia of trafficking) were proper factors; juvenile adjudications may be considered for recidivism
Whether the plea/advisement process forced waiver of right to counsel or denied appellate‑counsel advisals	Court merely advised of rights; Chase had counsel at plea and sentencing; any omission re: appeal advisals caused no prejudice and appellate counsel was later appointed	Chase says court required waiver of counsel and failed to advise of appeal/appoint counsel	Affirmed — no coerced waiver; Chase was represented; failure to advise of appeal rights not reversible where no prejudice and appellate counsel was provided
Whether trial counsel was ineffective for not moving to suppress van search	Counsel’s performance presumed competent; Chase’s guilty plea waived challenges to pre‑plea actions absent showing plea involuntariness	Counsel was deficient for failing to move to suppress search of toolbox exceeds consent	Affirmed — Chase did not show counsel’s omission affected the knowing/voluntary nature of his plea; ineffective‑assistance claim fails

Key Cases Cited

State v. Foster, 109 Ohio St.3d 1, 845 N.E.2d 470 (Ohio 2006) (R.C. 2929.11/2929.12 do not require judicial fact‑finding)
State v. Adams, 37 Ohio St.3d 295, 525 N.E.2d 1361 (Ohio 1988) (silent record presumes trial court considered R.C. 2929.12 factors)
State v. Hand, 149 Ohio St.3d 94, 73 N.E.3d 448 (Ohio 2016) (juvenile adjudications cannot mandatorily increase sentence but may be considered for recidivism)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective‑assistance standard)
State v. Veney, 120 Ohio St.3d 176, 897 N.E.2d 621 (Ohio 2008) (Crim.R.11 advisals required before accepting plea)
State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (Ohio 1989) (Ohio standard for ineffective assistance claims)
State v. Smith, 17 Ohio St.3d 98, 477 N.E.2d 1128 (Ohio 1985) (presumption of competent counsel)
State v. Hope, 137 N.E.3d 549 (11th Dist. 2019) (application of Strickland standard in Ohio appellate context)