State v. Golden
2016 Ohio 7525
| Ohio Ct. App. | 2016Background
- Sherman Golden was indicted for having a weapon while under a disability (third-degree felony) after an offense on April 30, 2013; initial indictment was dismissed and he was re-indicted August 12, 2013.
- Golden was represented by multiple attorneys; he pleaded guilty on December 11, 2014 to the single count and received community control with treatment conditions.
- Community control was revoked January 21, 2015 and the trial court imposed a three-year prison term, awarding 213 days of jail-time credit.
- Golden filed a pro se postconviction motion asserting he should receive an additional 118 days credit for time allegedly spent in custody between April 26 and August 21, 2013; the trial court denied the motion.
- Golden appealed both the sentence (delayed direct appeal) and the denial of jail-time credit; appointed appellate counsel submitted an Anders brief identifying two potential issues: ineffective assistance of counsel and sentencing/jail-time credit.
- The Sixth District Court of Appeals independently reviewed the record under Anders, rejected the two potential assignments of error, found the appeal frivolous, granted counsel’s motion to withdraw, affirmed the judgments, and ordered appellate costs to Golden.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel rendered ineffective assistance that vitiated the plea | State: Counsel provided reasonable, effective representation and secured a favorable plea with treatment | Golden: Counsel’s performance was deficient and prejudiced him | Court: Rejected; counsel’s performance was reasonable and Golden was satisfied at plea, so no ineffective assistance showing |
| Whether the trial court miscalculated jail-time credit (additional 118 days) | State: Court correctly calculated credit; Golden could not have been jailed on the offense date and reindictment/dismissal dates affect credit | Golden: He was confined April 26–Aug 21, 2013 and is entitled to 331 total days credit | Court: Rejected Golden’s claim; record shows offense date April 30, 2013 and intervening indictment dismissal/reindictment, so 213 days credit stands |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to withdraw when appellate counsel finds appeal frivolous)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- State v. Hale, 119 Ohio St.3d 118 (2008) (discussing Strickland standard in Ohio)
- State v. Barnett, 73 Ohio App.3d 244 (1991) (guilty plea waives ineffective assistance claim except when it prevents a knowing, voluntary plea)
- State v. Fair, 136 Ohio App.3d 184 (2000) (trial court is responsible for calculating jail-time credit)