State v. Doll
2017 Ohio 760
| Ohio Ct. App. | 2017Background
- Defendant Jeremy Doll waived grand-jury indictment and pled guilty to third-degree felony robbery via a bill of information pursuant to a plea agreement on March 10, 2016.
- The trial court accepted the plea, set bond, and ordered a presentence investigation (PSI).
- At sentencing on April 25, 2016, after reviewing the PSI and hearing statements, the court imposed the maximum 36-month prison term with 141 days credit, three years post-release control, and $280.50 in court costs.
- Appellate counsel filed an Anders brief asserting no arguable appealable issues and raised two potential issues for review: (1) whether the court erred in accepting Doll’s waiver of indictment before advising him of the charge; and (2) whether trial counsel was ineffective for failing to file an affidavit of indigency before sentencing.
- This court conducted an independent Anders review, found no arguable merit to the proposed issues, and affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in accepting Doll’s waiver of grand-jury indictment without advising him of the nature of the charge | State: Court properly advised Doll of the constitutional right and the Information’s charge | Doll: Waiver occurred before being advised of the nature of the charge | Court: No error — record shows the court informed Doll the Information charged third-degree robbery and counsel discussed the charge with him |
| Whether trial counsel was ineffective for failing to file an affidavit of indigency before sentencing | State: No prejudice from omission; court considered PSI and denied waiver only ordered modest court costs | Doll: Counsel’s failure prejudiced him because an affidavit might have led the court to waive costs | Court: No arguable merit — record shows PSI, counsel’s request to waive costs, and no reasonable probability costs would have been waived if affidavit filed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (standards for appellate counsel to withdraw when no meritorious issues exist)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel — deficiency and prejudice)
- State v. Kelley, 57 Ohio St.3d 127 (1991) (guilty plea waives nonjurisdictional defects)
- State ex rel. Beauchamp v. Lazaroff, 77 Ohio St.3d 237 (1997) (manner of charging is procedural, not jurisdictional)