State v. Fillmore
2015 Ohio 5280
Ohio Ct. App.2015Background
- Antonio J. Fillmore was indicted on three counts of rape and one count of kidnapping, each with repeat violent offender (RVO) specifications; he ultimately pleaded no contest to all counts and specifications.
- The trial court accepted the no contest pleas, found Fillmore guilty, and imposed sentence including RVO treatment.
- On appeal, Fillmore raised two assignments of error: (1) his plea was not knowing, intelligent, and voluntary; and (2) the trial court erred by imposing RVO sentencing without making statutory findings under R.C. 2929.14(B)(2)(a).
- The appellate court declined to review the first assignment because Fillmore offered no supporting argument and counsel did not follow Anders procedures for independent review.
- For the second assignment, the court reviewed for plain error (Fillmore’s counsel had not objected at trial) and rejected it, relying on precedent holding that the fact-finding language in R.C. 2929.14(B)(2)(a) was struck in Foster and not reenacted, so additional findings are not required for RVO sentencing.
- The judgment of the Franklin County Court of Common Pleas was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of no contest plea | State rests on plea acceptance and sentencing | Fillmore contends plea was not knowing, intelligent, voluntary | Court declined to review—appellant gave no supporting argument and counsel did not follow Anders procedures |
| RVO sentencing findings | State contends sentencing as RVO proper without additional findings | Fillmore argues trial court committed plain error by not making R.C. 2929.14(B)(2)(a) findings | No plain error; Foster removed the statutory fact-finding requirement and courts have rejected requirement for additional findings |
Key Cases Cited
- Barnes v. State, 94 Ohio St.3d 21 (clarifies plain-error standard and appellate discretion)
- Foster v. Ohio, 109 Ohio St.3d 1 (struck certain sentencing statute provisions; limits mandatory fact-finding)
- Hunter v. Ohio, 123 Ohio St.3d 164 (addresses sentencing fact-finding post-Foster)
- Long v. State, 53 Ohio St.2d 91 (standard for noticing plain error under Crim.R. 52(B))
- Anders v. California, 386 U.S. 738 (procedure counsel must follow when asserting appeal is frivolous)