2021 Ohio 2597
Ohio Ct. App.2021Background
- Alejandro Fikes was indicted on two counts of trafficking in cocaine and two counts of possession of cocaine, all first‑degree felonies.
- After voir dire and opening statements, Fikes pled guilty to the two trafficking counts; the two possession counts were dismissed as part of the plea agreement.
- At the plea colloquy and in the written plea agreement, the trial court informed Fikes the maximum sentence was a definite 11 years per count (reflecting the pre‑Reagan Tokes statutory scheme).
- At sentencing the court orally imposed ten‑year concurrent definite terms (aggregate 10 years), but the written judgment entry imposed an indefinite 10‑to‑15 year term under the Reagan Tokes Law.
- The court never advised Fikes at plea that Reagan Tokes could require an indefinite sentence or that the statutory maximum under Reagan Tokes for each first‑degree count could be 11 to 16.5 years (and potentially a much larger aggregate if consecutive).
- The First District reversed and remanded, holding the court failed to comply with Crim.R. 11(C)(2)(a) and that Fikes’s pleas were not knowingly, intelligently, and voluntarily made.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s failure to inform the defendant of the maximum penalty under the Reagan Tokes Law rendered his guilty pleas unknowing, unintelligent, or involuntary | State conceded that the plea was not knowing/intelligent/voluntary because the court failed to advise of the Reagan Tokes maximum | Fikes argued he was not properly advised of the indefinite maximum and therefore did not knowingly, intelligently, or voluntarily plead guilty | Court held trial court violated Crim.R. 11(C)(2)(a) by failing to advise of the Reagan Tokes maximum; plea was invalid; judgment reversed and remanded |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525, 660 N.E.2d 450 (1996) (due‑process requires that guilty pleas be knowing, intelligent, and voluntary)
- State v. Spates, 64 Ohio St.3d 269, 595 N.E.2d 351 (1992) (trial court must comply with Crim.R. 11 before accepting a guilty plea)
- State v. Bishop, 156 Ohio St.3d 156, 124 N.E.3d 766 (2018) (Crim.R.11(C)(2) requires court to make required determinations and give specified warnings, including regarding maximum penalty)