2020 Ohio 593
Ohio Ct. App.2020Background:
- Flores was indicted on multiple heroin-trafficking counts (two second-degree, one first-degree originally with firearm specification) and pleaded guilty to three trafficking counts; sentenced to concurrent five-year terms.
- At plea hearing, prosecutor summarized three controlled buys (May 31, June 4, and a buy-bust on August 9 involving 500.85 grams); Flores responded appropriately to the court’s colloquy.
- Flores later claimed on appeal his counsel was ineffective for failing to request a Spanish interpreter, arguing he is a native of El Salvador and not English proficient, so his plea was not knowing and voluntary.
- The presentence investigation (PSI) showed Flores moved to the U.S. at age nine, attended Columbus public schools, completed a written questionnaire in English, and was interviewed in English; the investigator reported Flores was cooperative and answered questions in English.
- The trial court convicted and sentenced Flores; on appeal the Tenth District reviewed de novo and rejected the ineffective-assistance/interpreter claim, affirming the convictions.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to request a foreign-language interpreter at the plea hearing | State: Record shows no language barrier—Flores answered court questions, PSI demonstrates English proficiency, and Flores never requested an interpreter. | Flores: Native Spanish speaker, not English proficient; counsel should have requested an interpreter, so plea was not knowing, intelligent, and voluntary. | Court: Counsel not ineffective; record (plea colloquy and PSI) shows Flores understood English and could meaningfully participate; no deficient performance or prejudice shown; conviction affirmed. |
Key Cases Cited
- Romero v. State, 156 Ohio St.3d 468 (Ohio 2019) (sets Strickland standard for ineffective assistance claims arising from the plea process)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice standard for decisions to plead guilty)
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (counsel must advise noncitizen clients of deportation risk; failure to advise can satisfy Strickland deficiency prong)
- Xie v. State, 62 Ohio St.3d 521 (Ohio 1992) (application of Strickland to guilty pleas)
- Gondor v. State, 112 Ohio St.3d 377 (Ohio 2006) (appellate standard of review for ineffective assistance claims on direct appeal)