State v. Coles, 2015 Ohio 4159

Coles was indicted on two first-degree felony counts: trafficking in cocaine (R.C. 2925.03(A)(2)) and possession of cocaine (R.C. 2925.11(A)); he initially pleaded not guilty.
Coles moved to suppress evidence obtained from a traffic stop; the trial court held a hearing and denied the motion on July 28, 2014.
Coles later withdrew his not-guilty pleas and entered no-contest pleas to both counts; the counts merged for sentencing and the State elected sentencing on the trafficking count.
At sentencing Coles received a 4-year prison term; defense counsel stated the no-contest plea was entered to preserve appellate rights and suggested a prior 2-year offer may have been lost after the suppression litigation.
Coles appealed, alleging ineffective assistance of counsel for not being advised that a 2-year plea offer would be rescinded if the suppression hearing proceeded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Coles received ineffective assistance of counsel by not being told a plea offer would be rescinded if he pursued the suppression hearing	State: Counsel was not ineffective; the record does not support Coles’ claim and facts alleged lie outside the record	Coles: Trial counsel failed to advise that the State’s 2-year offer was conditional and would be pulled if the suppression hearing occurred, causing him to proceed and lose the offer	Court: Overruled; claim depends on facts outside the record and is improper on direct appeal — remediable, if at all, via post-conviction proceedings

State v. Hartman, 93 Ohio St.3d 274, 754 N.E.2d 1150 (2001) (claims requiring proof outside the record cannot be decided on direct appeal)
State v. Perry, 10 Ohio St.2d 175, 226 N.E.2d 104 (1967) (postconviction relief is the proper vehicle to raise certain constitutional claims based on matters outside the record)
State v. Cooperrider, 4 Ohio St.3d 226, 448 N.E.2d 452 (1983) (discusses limits on direct-appeal review where outside-record evidence is required)