State v. Dapice
2020 Ohio 4324
Ohio Ct. App.2020Background
- October 2019: Dapice indicted for one count of aggravated burglary (first-degree felony). He also agreed to plead guilty to a separate failure-to-comply (fourth-degree) charge as part of a global plea deal.
- Parties jointly recommended a 3–6 year sentence for aggravated burglary and a consecutive 2-year sentence for failure to comply; the court corrected the aggravated-burglary maximum under Reagan Tokes to 4.5 years (3–4.5 years), making the total agreed term 5–6.5 years.
- Dapice entered guilty pleas and the trial court imposed the jointly recommended sentence.
- On appeal Dapice raised two claims: (1) trial court failed to follow R.C. 2929.11 (purposes/principles of felony sentencing); and (2) trial counsel was ineffective at plea/sentencing (advice to plead, failure to secure drug treatment, and failure to catch the initial sentencing math).
- The appellate court concluded the aggravated-burglary sentence was authorized by law, jointly recommended, and imposed by the judge (R.C. 2953.08(D)(1)) and therefore not reviewable; ineffective-assistance claims were waived by the guilty plea and, alternatively, lacked merit under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with R.C. 2929.11 (sentencing purposes/principles) | State: Jointly recommended sentence was authorized by law and therefore not subject to appellate review under R.C. 2953.08(D)(1). | Dapice: Trial court failed to comply with felony-sentencing purposes and principles. | Court: Sentence was authorized, jointly recommended, and imposed; appeal barred under R.C. 2953.08(D)(1); assignment overruled. |
| Ineffective assistance of counsel | State: Guilty plea waived most ineffective-assistance claims; counsel’s conduct fell within reasonable strategy and did not prejudice Dapice. | Dapice: Counsel advised plea to aggravated burglary, failed to secure drug rehabilitation in sentence, and missed the initial 3–6 year math error. | Court: Claims waived because plea was not shown involuntary; alternatively, counsel’s performance was not deficient and no prejudice shown — assignment overruled. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficient performance and prejudice)
- Bradley v. State, 42 Ohio St.3d 136 (Ohio’s articulation of Strickland standard)
- Cook v. State, 65 Ohio St.3d 516 (no hindsight in judging counsel’s plea advice)
- Kelley v. State, 57 Ohio St.3d 127 (guilty plea waives most appealable errors)
- Underwood v. State, 124 Ohio St.3d 365 (R.C. 2953.08(D)(1) bars review of jointly recommended, authorized sentences)
- Woullard v. State, 158 Ohio App.3d 31 (debateable trial strategy cannot establish ineffective assistance)