State v. Fleischer
2017 Ohio 7762
| Ohio Ct. App. | 2017Background
- Fleischer was indicted for aggravated murder (unclassified felony) and two counts of child endangering (second- and third-degree felonies) for injuries and death of her 16-month-old son.
- She pled not guilty by reason of insanity, was found sane and competent, then entered a Crim.R. 11 plea agreement pleading guilty in exchange for a jointly-recommended aggregate sentence of life with parole ineligibility for 20 years.
- At the plea hearing the court conducted a Crim.R. 11 colloquy, accepted the plea, and immediately sentenced Fleischer to the agreed term (life without parole eligibility for 20 years; concurrent terms on the child-endangering counts).
- The court imposed five years mandatory post-release control at sentencing and in the entry, but aggravated murder is an unclassified felony (post-release control does not apply) and the highest classified felony here was a second-degree felony (three years post-release control).
- Appellate counsel filed an Anders no-merit brief and requested to withdraw; this appeal proceeded under Anders review and the court examined plea validity, merger/allied-offense concerns, and the post-release control advisement and imposition.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fleischer) | Held |
|---|---|---|---|
| Was Fleischer's guilty plea knowing, voluntary, and intelligent under Crim.R. 11? | Court substantially complied with Crim.R. 11; plea should stand. | Plea may be infirm because of errors in advisement (post-release control misstatement). | Plea was valid; trial court strictly complied on constitutional rights and substantially complied on nonconstitutional rights; misstatement on PRC did not prejudice Fleischer. |
| Was the trial court’s post-release control advisement and imposition correct? | The court advised and imposed five years PRC. | Five years was incorrect because aggravated murder is unclassified and PRC only applies to classified felonies; highest classified felony is second-degree (three years). | Trial court overstated PRC (should be three years for highest classified offense); remand for limited resentencing on post-release control. |
| Did the child-endangering convictions merge as allied offenses? | Separate injuries (blunt force and burns in various stages) show separate conduct and animus; no merger. | (Argues potential merger) counts may overlap as similar import. | No plain error; prosecutor’s facts support dissimilar import/separate conduct so convictions need not merge. |
| Is the jointly-recommended sentence reviewable and authorized by law? | Jointly recommended sentence is authorized and not subject to full review if it complies with mandatory provisions. | (Implicit) Challenge to sentence components (e.g., PRC) remains permissible. | The joint sentence (life with 20-year parole ineligibility) is authorized and affirmed, except PRC portion reversed and remanded. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to seek withdrawal when appeal is frivolous)
- Toney v. State, 23 Ohio App.2d 203 (Ohio Ct. App. 1970) (Ohio application of Anders requirements)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (due-process requirement that guilty plea be voluntary)
- Brady v. United States, 397 U.S. 742 (U.S. 1970) (consideration of totality of circumstances in plea voluntariness)