2024 Ohio 2114
Ohio Ct. App.2024Background
- Damon Christopher Frazier was indicted for first-degree felony aggravated robbery and second-degree felony robbery, both with firearm and repeat violent offender specifications, based on an August 13, 2022, armed robbery at a Family Dollar store in Warren County, Ohio.
- Frazier entered into a plea agreement, pleading guilty to aggravated robbery with a three-year firearm specification via an Alford plea in exchange for dismissal of other charges/specifications.
- The plea agreement included a jointly recommended sentence of 7–9 years (under Reagan Tokes) to run consecutive to a sentence Frazier was already serving, with 190 days jail-time credit.
- At the change of plea hearing, Frazier initially sought a no contest plea but was advised to enter an Alford plea, which the court accepted after finding substantial evidence of guilt.
- On appeal, Frazier challenged: (1) the imposition of a consecutive sentence, (2) calculation of jail-time credit, and (3) the voluntariness of his Alford plea, arguing the court failed to adequately inquire into his reasons for pleading under Alford.
Issues
| Issue | Frazier's Argument | State's Argument | Held |
|---|---|---|---|
| Consecutive Sentence | Trial court did not consider all required R.C. 2929.14 factors before imposing consecutive sentences. | Sentence was jointly recommended and lawful, outside the scope of appellate review. | Court lacked jurisdiction to review the jointly recommended, lawful sentence under R.C. 2953.08(D)(1). |
| Jail-time Credit | Court failed to properly calculate jail-time credit; should be 217 days, not 190. | Jail-time credit was part of the jointly recommended sentence, not reviewable on appeal. | Not subject to review; incorporated into the agreed sentence. |
| Alford Plea Voluntariness | Trial court failed to inquire into reasons for entering Alford plea, so plea not knowing, voluntary, or intelligent. | Court properly conducted plea colloquy, established substantial factual basis, and confirmed voluntariness. | Record confirmed voluntariness, factual basis, and legal standards satisfied; no direct inquiry required. |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (1970) (permitting a defendant to plead guilty while maintaining innocence if there is a strong factual basis and the plea is voluntary)
- State v. Underwood, 124 Ohio St.3d 365 (2010) (defining when a sentence is 'authorized by law' for purposes of appellate review)
- State v. Sergent, 148 Ohio St.3d 94 (2016) (holding that R.C. 2929.14[C][4] findings are not required for jointly recommended consecutive sentences)
- State v. Carter, 60 Ohio St.2d 34 (1979) (requiring review of the entire record to assess whether a plea is knowingly, intelligently, and voluntarily made)