2021 Ohio 2881
Ohio Ct. App.2021Background
- David E. Feathers was indicted (Sept. 22, 2016) for felony third-degree Failure to Comply (R.C. 2921.331) for willfully eluding a police officer causing a substantial risk of serious physical harm.
- Feathers pleaded guilty on Feb. 27, 2017; on May 15, 2017 the court sentenced him to 180 days jail (work release), 12 months intensive supervision, and 36 months general probation.
- Probation was later revoked after the probation dept. reported new guilty pleas in Ashland County; at an Oct. 21, 2019 hearing Feathers admitted violating probation.
- On Oct. 23, 2019 the trial court terminated probation and sentenced Feathers to three years in prison, ordered to run consecutively to an earlier Portage County sentence; the entry stated consecutive terms were necessary and not disproportionate.
- Feathers sought delayed appeals in Sept. 2020; this court allowed delayed appeals but treated the Oct. 23, 2019 entry as the appealed entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Feathers’ guilty plea was knowing, intelligent, voluntary under Crim.R. 11 because he was not advised that a consecutive sentence could be imposed if sentenced on another felony | Claim is barred by res judicata; plea challenge should have been raised on direct appeal; 2019 entry is the appealed entry | Plea involuntary because court failed at plea colloquy to advise of maximum penalties including mandatory consecutive sentence | Barred: defendant should have raised plea-voluntariness on direct appeal from 2017 conviction; delayed appeal does not permit relitigation now |
| Whether the trial court erred by imposing a consecutive sentence without making R.C. 2929.14(C)(4) findings | Consecutive findings under R.C. 2929.14(C)(4) not required because R.C. 2921.331(D) makes consecutive prison terms mandatory for the charged offense | Trial court erred by failing to make and state the R.C. 2929.14(C)(4) findings in open court and in the entry | No error: R.C. 2921.331(D) mandates consecutive service for this offense, relieving the court of separate R.C. 2929.14(C)(4) findings |
Key Cases Cited
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must incorporate required sentencing findings into the record/entry but need not state reasons for those findings)