State v. Dohme
2017 Ohio 561
| Ohio Ct. App. | 2017Background
- Anna Mae Dohme was indicted for receiving stolen property (felony 5th degree) after buying a stolen rug for $200 and attempting to sell it for $3,700.
- Dohme pleaded guilty pursuant to a plea agreement in which the State recommended community control and a PSI was ordered; the trial court accepted the plea and later imposed five years of community control.
- Dohme filed a timely appeal and a Crim.R. 32.1 motion to vacate her plea and sentence, arguing she was not informed about the degree of the offense; the trial court denied the motion for lack of jurisdiction.
- On appeal Dohme’s sole claim is ineffective assistance of counsel for allegedly failing to advise her about intervention in lieu of conviction (ILC) under R.C. 2951.041; she says she would have applied for ILC and the court likely would have approved it.
- The PSI and Dohme’s own statements showed no evidence her offense was caused by her drug or alcohol use; she denied substance abuse and never told the court drug/alcohol use motivated the offense.
- The trial court imposed standard community-control conditions (e.g., drug/alcohol abstinence and screening), but the appellate court found those conditions did not establish that ILC criteria were met.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Dohme) | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to advise Dohme about ILC | Counsel’s performance was not deficient; record lacks basis for ILC and no prejudice shown | Counsel failed to inform Dohme about ILC; she would have applied and the court likely would have granted it | Court affirmed: no deficient performance or prejudice; ILC eligibility speculative and record does not show drug/alcohol factor |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Michel v. Louisiana, 350 U.S. 91 (U.S. 1955) (strong presumption that counsel’s conduct falls within reasonable professional assistance)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (standard for prejudice where claim arises from guilty plea)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (Ohio formulation of Strickland)
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (standard for overturning a guilty plea based on counsel’s errors)
- State v. Schmidt, 149 Ohio App.3d 89 (Ohio App. 2002) (court discretion in granting ILC)