State v. Harris
2014 Ohio 925
Ohio Ct. App.2014Background
- Appellant Deaaron Harris pled guilty to four second-degree burglary counts arising from four cases, plus assault on a police officer and resisting arrest in one case.
- Sentencing on April 24, 2013 combined some counts concurrently and others consecutively, yielding a 16-year term.
- Appellant argues issues arising from postrelease control advisement and sentencing mechanics.
- The trial court allegedly misadvised regarding postrelease control length at the plea and failed to correctly reflect postrelease control in the sentencing journal entry.
- The court remanded for nunc pro tunc correction of the sentencing entry while affirming convictions and most aspects of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Postrelease control advisement at plea | Harris argues Crim.R. 11 was violated by misinforming about postrelease control length | Harris contends the misstatement undermines knowing and voluntary nature of the plea | Partial: substantial compliance found; conviction upheld; remand for nunc pro tunc correction of journal entry |
| Consecutive sentences findings | State contends proper findings were made under R.C. 2929.14(C) for consecutive sentences | Harris argues findings were incomplete or improper | Held: Findings satisfied; consecutive sentences affirmed |
| Ineffective assistance of counsel in plea | Milczewski-based rule cited; claim that counsel misled about sentence length | Counsel provided adequate representation and Crim.R. 11 complied | Held: no ineffective assistance; plea knowing and voluntary |
Key Cases Cited
- State v. Sarkozy, 117 Ohio St.3d 86 (Ohio Supreme Court, 2008) (pre-plea postrelease control advisement standards for validity of plea)
- State v. Qualls, 131 Ohio St.3d 499 (Ohio Supreme Court, 2012) (nunc pro tunc corrections to sentencing entries allowed when postrelease control notification given at sentencing)
- State v. Jordan, 104 Ohio St.3d 21 (Ohio Supreme Court, 2004) (mandatory postrelease control notification requirements and incorporation into judgment)
- State v. Falkenstein, 8th Dist. Cuyahoga No. 99670 (Ohio App. 2013) (application of Qualls to correct defective sentencing entry)
- State v. Jones, 93 Ohio St.3d 391 (Ohio Supreme Court, 2001) (requirement for separate findings to impose consecutive sentences)