State v. D-Bey
2021 Ohio 60
Ohio Ct. App.2021Background
- Indicted for two counts of having weapons while under disability and two counts of domestic violence arising from a May 3, 2019 incident (struck a child, retrieved a handgun, threatened to shoot); pled guilty pursuant to a plea agreement to Count 1 (weapons while under disability) and amended Count 3 (attempted domestic violence), with other counts nolled.
- Change-of-plea colloquy: D-Bey represented he was sober, educated, satisfied with counsel, and entered pleas knowingly and voluntarily; court accepted pleas and ordered a PSI.
- Defense raised mental-health mitigation (PTSD, counseling, medications); trial court declined a court psychiatric clinic referral; sentencing court reviewed PSI, heard mitigation, and imposed 36 months on Count 1 and concurrent 12 months on Count 3, plus discretionary postrelease control.
- D-Bey filed a pro se post-sentence motion to withdraw pleas alleging ineffective assistance, failure to investigate/ present mental-health evidence, and that attempted domestic violence is a nonexistent offense; trial court denied motion without a hearing.
- On appeal the Eighth District affirmed convictions and sentences, rejected claims of incompetence, ineffective assistance, and that attempted domestic violence is a non-cognizable offense (finding invited error), but reversed and remanded to vacate court costs imposed only in the journal entry.
Issues
| Issue | State's Argument | D-Bey's Argument | Held |
|---|---|---|---|
| Validity of guilty plea to "attempted domestic violence" / IAC for advising plea | Plea was knowingly and voluntarily entered as part of a negotiated bargain; any error was invited error and cannot be withdrawn | Attempted domestic violence is a nonexistent offense; counsel ineffective for advising plea to a nonexistent crime | Court: invited error; plea stands; no prejudice shown; assignment overruled |
| Court costs imposed only in journal entry | Conceded error | Costs should be vacated because not imposed at sentencing hearing | Court: sustained; reversed as to costs and remanded to vacate costs |
| Failure to order mental-health evaluation / IAC for not investigating or transferring to mental-health docket | No record evidence of incompetence or eligibility for MHDD; defendant presumed competent; counsel not deficient | D-Bey had serious mental illness (PTSD, etc.); counsel failed to investigate, provide records, request competency/MHDD transfer, or present mitigation | Court: no evidence defendant was incompetent or prejudiced; counsel’s conduct not shown deficient; assignments overruled |
| Denial of motion to withdraw pleas without evidentiary hearing; sentence excessive | Motion lacked specific facts/affidavits to show manifest injustice; sentences within statutory range and court considered sentencing factors | Counsel’s failures rendered pleas involuntary; mental-health mitigation would have changed outcome; sentence excessive | Court: no abuse of discretion denying motion without hearing; no manifest injustice; sentences affirmed under R.C. 2953.08 (except costs) |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- Hill v. Lockhart, 474 U.S. 52 (ineffective-assistance standards applied at plea stage)
- Lafler v. Cooper, 566 U.S. 156 (counsel required at critical stages, including plea negotiations)
- State v. Romero, 156 Ohio St.3d 468, 129 N.E.3d 404 (Ohio guidance on counsel and plea-stage rights)
- State v. Montgomery, 148 Ohio St.3d 347, 71 N.E.3d 180 (competency and plea standards in Ohio)
- Dusky v. United States, 362 U.S. 402 (competency-to-stand-trial standard)
- Drope v. Missouri, 420 U.S. 162 (due process requires competency before conviction)
- State v. Skatzes, 104 Ohio St.3d 195, 819 N.E.2d 215 (Ohio precedent on competency and due process)