2012 Ohio 354
Ohio Ct. App.2012Background
- Defendant Robert Dissell pled guilty to two counts of robbery, one theft, and one drug possession; sentenced to five years.
- Bank robbery occurred December 7, 2010; no weapon used, no physical harm, money recovered; police found heroin and $364 on Dissell.
- Dissell was indicted on two felonies of robbery, one fifth-degree theft, and one fifth-degree drug possession, with a forfeiture specification.
- Plea entered February 24, 2011 after initially pleading not guilty.
- Appellate argument focused on Crim.R. 11 validity and sentencing discretion; conviction and sentence affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were the guilty pleas made knowingly and voluntarily under Crim.R. 11(C)? | Dissell contends plea colloquy misled about penalties. | Dissell argues improper guidance about potential sentence rendered pleas involuntary. | Pleas were knowingly, intelligently, and voluntarily made. |
| Did the trial court abuse its discretion in sentencing, violating R.C. 2929.11/2929.12? | State argues sentence aligns with statutory factors and protects the public. | Dissell contends factors favor lesser punishment given lack of weapon, no harm, first offense. | Five-year sentence not an abuse of discretion. |
Key Cases Cited
- State v. Schmick, 8th Dist. No. 95210 (2011-Ohio-2263) (Crim.R. 11(C) compliance framework (knowingly/voluntarily))
- State v. Nero, 56 Ohio St.3d 106 (1990) (Strict vs. substantial compliance depending on right involved)
- State v. Asberry, 173 Ohio App.3d 443 (2007-Ohio-5436) (Asberry-like mismatch can void pleas if informed of likelihood of incarceration misrepresented)
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (Two-step review of felony sentences; not clearly contrary to law first; then abuse of discretion)
- State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (Eliminated mandatory judicial fact-finding for upward departures; sentencing review framework)
- State v. Blakemore, 5 Ohio St.3d 217 (1983) (Established abuse-of-discretion standard for sentencing)
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) ((duplicate entry to reflect two-step framework))