State v. Jackson
2014 Ohio 706
Ohio Ct. App.2014Background
- Jackson pleaded guilty to felonious assault, amended indictment, on May 9, 2013; sentence imposed May 10, 2013.
- The offense arose from a March 22, 2013 incident after a motor vehicle collision with Lyons, where Jackson stabbed Lyons near the heart.
- Lyons required open-heart surgery and will have a permanent scar; Lyons had informed Jackson insurance would cover the accident.
- The trial court sentenced Jackson to the maximum eight years and advised a mandatory three-year postrelease control.
- Jackson challenged the guilty plea as not knowing, intelligent, or voluntary due to alleged misstatement of the maximum penalty; court reviewed Crim.R. 11(C) compliance de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the guilty plea knowing, intelligent, and voluntary? | Jackson claims Crim.R. 11(C) not complied with. | Jackson argues improper informing of maximum penalty taints voluntariness. | Plea valid; substantial compliance with Crim.R. 11(C) evident. |
| Was the sentence properly imposed as not clearly and convincingly contrary to law? | State contends maximum eight-year sentence appropriate given factors. | Jackson asserts sentence exceeds permissible considerations or is misapplied. | Sentence within statutory range; not clearly and convincingly contrary to law. |
Key Cases Cited
- State v. Schmick, 2011-Ohio-2263 (8th Dist. Cuyahoga (2011)) (Crim.R. 11(C) de novo review for plea validity)
- State v. Hussing, 2012-Ohio-4938 (8th Dist. Cuyahoga (2012)) (constitutional rights in Crim.R. 11(C)(2)(c) colloquy)
- State v. Clark, 2008-Ohio-3748 (Ohio Supreme Court (2008)) (strict vs. substantial compliance depending on rights involved)
- State v. Joachim, 2008-Ohio-4876 (8th Dist. Cuyahoga (2008)) (substantial compliance for nonconstitutional rights)
- State v. Nero, 1990 (Ohio) (prejudice standard for partial compliance with Crim.R. 11)