State v. Harris
2017 Ohio 9052
| Ohio Ct. App. | 2017Background
- Alan Harris Jr. was indicted (Mar. 2014) on second-degree felony counts for possession and trafficking in marijuana (≥40,000g).
- Harris moved to suppress evidence; the trial court denied his suppression motions after a hearing.
- On March 4, 2016, Harris pleaded guilty to a lesser-included possession count (20,000g–<40,000g), still a second-degree felony; trafficking count was dismissed.
- Plea agreement: joint recommendation of 5–8 years; a five-year term if Harris cooperated; provision allowing Harris to benefit from any co-defendant’s reduced sentence.
- Sentenced June 21, 2016 to five years imprisonment, $7,500 fine, and one-year driver’s license suspension.
- Appellate counsel filed an Anders brief seeking to withdraw; Harris filed a pro se brief raising additional errors. The court conducted an Anders/Penson review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guilty plea waived appellate review of suppression rulings | State: guilty plea waives pre-plea errors unless plea was not knowing, intelligent, voluntary | Harris: challenges denial of suppression and claims confrontation violations; contends plea should not bar review | Waiver applies; no evidence plea was uninformed or involuntary, so suppression and confrontation claims waived |
| Confrontation/hearsay use of co-defendant statements | State: no preserved confrontation error after plea; out-of-court statements did not invalidate plea | Harris: says out-of-court hearsay from co-defendants denied confrontation rights | Held waived by guilty plea; no showing plea was induced by confrontation-violating evidence |
| Alleged misunderstanding of felony degree and consequent illegal sentence | State: plea and record made clear the lesser-included offense remained a second-degree felony; sentence fit the plea | Harris: believed lesser included offense would be a lower-degree felony (third degree) reducing exposure | Frivolous — record (prosecutor and plea form) clarified degree and sentencing range; sentence lawful |
| Ineffective assistance of counsel before plea | State: claims relate to pre-plea matters and do not show counsel’s errors prevented a knowing, voluntary plea; some assertions rely on facts outside record | Harris: lists failures to investigate searches, canine arrival, and incorrect advice about early release | Frivolous on direct appeal — allegations either do not affect voluntariness of plea or depend on evidence outside the record; no showing of prejudice |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (standards for appointed counsel to seek withdrawal when appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate courts must independently review the record when counsel files an Anders brief)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance of counsel)
- Deem v. Ohio, 40 Ohio St.3d 205 (1988) (definition and test for lesser included offenses)
- State v. Evans, 122 Ohio St.3d 381 (2009) (modifying Deem principles concerning lesser-included offenses)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (applying Strickland framework in Ohio)
- State v. Arnold, 984 N.E.2d 364 (Ohio App. 2012) (discussing statutory revisions affecting drug offense degrees; distinguished by court here)