State v. Hernandez, 2017 Ohio 2797

Hernandez was originally sentenced in 2006 for third-degree trafficking (05-CR-09377): 4 years community control with 4-year reserved prison term; previously had aggregate imprisonment for related cases.
He admitted violating community control in 2010 and the reserved 4-year term was imposed; he was paroled early in 2015 and returned to community control under R.C. 2967.19.
In April 2016 the State moved to revoke community control alleging a positive cocaine test and an admission of use; Hernandez was separately indicted in May 2016 for fifth-degree possession of cocaine (16-CR-12576).
On June 13, 2016 Hernandez pled no contest to the possession count and admitted violating community control; the court conducted a Crim.R. 11 plea colloquy and found the plea voluntary and knowing.
Sentencing was delayed to monitor compliance; after further violations (new OVI and tramadol positive), the court revoked community control, imposed the remainder of the prior prison term, and sentenced Hernandez to 10 months consecutive on the possession count.
Hernandez appealed, arguing ineffective assistance of counsel because conviction could not be based solely on urine metabolites; the trial court judgments were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hernandez received ineffective assistance of counsel	State: counsel was not ineffective; plea was knowingly and voluntarily entered after proper colloquy	Hernandez: counsel was ineffective for allowing a no contest plea because possession cannot be proven solely by urine metabolites	Court: Counsel not ineffective; no contest plea admits truth of indictment and forecloses sufficiency challenge; record lacks facts to support ineffectiveness claim
Whether a conviction/plea may be challenged based on alleged insufficiency of urine test evidence	State: indictment sufficiently alleged possession; Hernandez admitted use in revocation motion and during plea	Hernandez: Lowe and similar cases show metabolites alone insufficient to prove "knowing" possession	Court: Lowe is inapplicable where defendant admitted use and where defendant pleaded no contest to a sufficient indictment; plea bars challenge to factual sufficiency

Strickland v. Washington, 466 U.S. 668 (1984) (framework for ineffective assistance: deficient performance and prejudice)
State v. Jackson, 107 Ohio St.3d 53 (2005) (discussing ineffective-assistance standards and Strickland application)
State v. Bird, 81 Ohio St.3d 582 (1998) (a no contest plea admits the truth of the indictment and precludes factual challenges)
State v. Bradley, 42 Ohio St.3d 136 (1989) (ineffective assistance standard and burden to show prejudice)
State v. Cooperrider, 4 Ohio St.3d 226 (1983) (ineffective-assistance claims based on facts not in the record cannot be resolved on direct appeal)
State v. Lowe, 86 Ohio App.3d 749 (1993) (Fourth Dist.: mere presence of cocaine metabolites in urine may be insufficient to prove knowing possession)