State v. Dashner
2017 Ohio 8259
| Ohio Ct. App. | 2017Background
- Appellant Christopher Dashner pled no contest to one count of felonious assault (violations of R.C. 2903.11(A) and (D)) in Lucas County Common Pleas Court.
- The trial court accepted the plea after a Crim.R. 11 colloquy and imposed a four-year prison term, to be served consecutively to an unrelated ten-month community-control term from another case.
- Appointed counsel filed an Anders brief seeking permission to withdraw, identifying two potential issues: plea voluntariness and excessiveness of sentence.
- The court conducted an independent review of the record as required by Anders v. California and noted no pro se brief from appellant.
- Record evidence showed Dashner attacked a nurse while a psychiatric patient, causing significant injuries (13 stitches, broken nose, orbital fracture); Dashner was under postrelease control/community control at the time.
- The appellate court affirmed the conviction and sentence, granted counsel’s motion to withdraw, and ordered appellant to pay appellate costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plea voluntariness and compliance with Crim.R. 11 | Court properly advised Dashner; plea voluntary, knowing, and intelligent | Dashner could argue plea was not entered voluntarily/knowingly | Plea was valid; trial court complied with Crim.R. 11; assignment not well-taken |
| Sentence excessive / validity of consecutive sentence | Four-year term and consecutive service justified by seriousness of attack and statutory factors; consecutive allowed because appellant was under postrelease control | Dashner could argue sentence excessive and consecutive order improper | Sentence affirmed; trial court considered R.C. 2929.12 factors and made required findings under R.C. 2929.14(C)(4); consecutive term appropriate |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requirements for counsel to seek withdrawal when appeal is frivolous and appellate court’s independent review duty)
- Brady v. United States, 397 U.S. 742 (1970) (guilty/no contest pleas valid only if voluntary, knowing, and intelligent)
- State v. Engle, 74 Ohio St.3d 525 (1996) (same constitutional standard for plea voluntariness under Ohio law)