State v. Cologie
2017 Ohio 9217
Ohio Ct. App.2017Background
- Joshua Alan Cologie was indicted on three counts of gross sexual imposition (third-degree felonies) for sexual contact with a child under 13 over a 15‑month period.
- He entered a plea agreement: pled guilty to counts 1 and 2; count 3 dismissed.
- At sentencing the court imposed consecutive 60‑month terms on each count (aggregate 120 months), 5 years post‑release control, and Tier II sex‑offender classification.
- Appellant appealed; appointed counsel filed an Anders/Toney no‑merit brief and moved to withdraw; Cologie filed no pro se brief.
- The court conducted an independent review of the record addressing plea validity, sentencing legality (including consecutive terms and post‑release control), and ineffective assistance of counsel, and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea was knowing, intelligent, voluntary | Court complied with Crim.R. 11; plea valid | Plea allegedly defective (implicit) | Plea colloquy complied with constitutional and substantial Crim.R.11 requirements; plea valid |
| Whether sentence complied with law (range, PRC, sex‑offender classification) | Sentence within statutory range; PRC & Tier II advisals given | Sentence unlawful/defective (implicit) | Sentences within statutory range; 5‑year PRC and Tier II classification proper; advisals satisfied statutes |
| Whether consecutive sentences were lawful | Trial court made required R.C. 2929.14(C)(4) findings at hearing and in entry | Consecutive sentences improper (implicit) | Court’s oral findings and written entry met Bonnell standards; consecutive terms upheld |
| Whether counsel provided ineffective assistance causing involuntary plea | No deficient performance; plea waiver bars collateral claim | Counsel deficient such that Cologie would have gone to trial | No record support for deficient performance or prejudice; ineffective‑assistance claim fails |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures when appointed counsel deems appeal frivolous)
- State v. Toney, 23 Ohio App.2d 203 (Ohio App. 1970) (local procedure for no‑merit briefs)
- State v. Veney, 120 Ohio St.3d 176 (Ohio 2008) (Crim.R. 11 constitutional advisements require strict compliance)
- State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (substantial compliance for nonconstitutional advisements)
- State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (consecutive‑sentence findings requirement and permissible phrasing)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard for appellate review of felony sentences)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective assistance test)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (adopting Strickland standard in Ohio)