2021 Ohio 4336
Ohio Ct. App.2021Background
- Antoine Jackson was charged with one count of unlawful sexual conduct with a minor (third-degree felony) and pleaded guilty.
- At plea, Jackson acknowledged he was serving two community-control sanctions and that the guilty plea admitted violating those conditions.
- The trial court strictly complied with Crim.R. 11, including advising Jackson of Tier II sexual-offender designation, reporting requirements, and five years of post-release control.
- After a presentence investigation and hearing, the court sentenced Jackson to five years in prison and ordered incomplete termination of his CCS in related cases.
- Appointed appellate counsel filed an Anders brief seeking leave to withdraw, asserting no meritorious issues; Jackson did not file a pro se brief.
- The Second District conducted an independent review, found the appeal wholly frivolous, permitted counsel to withdraw, and affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jackson's guilty plea was knowing, intelligent, and voluntary | State: Plea valid; trial court strictly complied with Crim.R. 11 and Jackson waived rights | Jackson: Plea not knowingly/intelligently/voluntarily entered | Court: Crim.R. 11 was strictly complied with; plea valid; frivolous to argue otherwise |
| Whether the five-year sentence is contrary to law or otherwise subject to modification | State: Sentence within statutory range; court considered R.C. 2929.11/2929.12 | Jackson: Sentence unsupported by statutory sentencing criteria and thus contrary to law | Court: Record shows consideration of required statutes; sentence within range; under Jones appellate relief not available on R.C. 2929.11/2929.12 grounds; frivolous claim |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel’s procedure when appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (appellate-court duty to independently review Anders brief)
- Boykin v. Alabama, 395 U.S. 238 (guilty plea must be knowing, intelligent, and voluntary)
- State v. Jones, 163 Ohio St.3d 242, 169 N.E.3d 649 (appellate courts may not vacate/modify sentence for lack of support under R.C. 2929.11/2929.12)
- State v. Miller, 159 Ohio St.3d 447, 151 N.E.3d 617 (Crim.R. 11 consequences for noncompliance)
- State v. Dangler, 162 Ohio St.3d 1, 164 N.E.3d 286 (prejudice standard where Crim.R. 11(C)(2)(a)-(b) partially not followed)
- State v. Veney, 120 Ohio St.3d 176, 897 N.E.2d 621 (Crim.R. 11(C)(2)(c) strict compliance required)
- State v. Mathis, 109 Ohio St.3d 54, 846 N.E.2d 1 (trial court must consider R.C. 2929.11 and 2929.12 when sentencing)