State v. James
2016 Ohio 7889
| Ohio Ct. App. | 2016Background
- Mickey James was indicted with codefendants in a gang-related case and pleaded guilty to three amended counts: participating in a criminal gang (felony 2), felonious assault (felony 2) with a 3-year firearm specification, and having weapons while under disability (felony 3); other counts were nolled.
- Parties agreed to a joint sentencing range of 5–20 years; James was referred for PSI.
- At the first sentencing the court mistakenly imposed a 3-year term on a criminal-gang specification that had been nolled; the court corrected the clerical error and resentenced James before the erroneous entry was journalized.
- Final sentence imposed: total effective 8 years (5 years on gang count, 5 years on felonious assault with the 3-year firearm term consecutive, and 3 years on weapons-under-disability), with 260 days credit and postrelease control.
- James filed two pro se motions to withdraw his guilty plea (claimed manifest injustice) and filed appeals after leave for delayed appeal was granted; the trial court denied both motions and the appeals were consolidated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea was involuntary because sentencing range was misrepresented | State: plea and agreed range were on record; sentence was within range | James: plea induced by misrepresentation of sentencing minimum (court thought 6 yrs due to clerical error) | Overruled — plea knowingly, intelligently, voluntarily entered; resentencing corrected error and sentence fell within agreed range |
| Whether trial court abused discretion in denying motions to withdraw plea | State: motions failed to show manifest injustice or prejudice | James: trial court failed to advise about postrelease control, firearm consecutive term, and maximum penalty | Overruled — motions untimely/pro se claims unsupported; res judicata and no manifest injustice shown |
| Whether court sentenced James on a count he did not plead to (Count 1) | State: plea agreement placed on record included Count 1; Crim.R.11 colloquy covered charges | James: never entered plea to Count 1 | Overruled — record shows he pled to Count 1; no plain error given plea colloquy and agreement on record |
| Whether court failed to inform James of effect of guilty plea (admission of guilt) | State: totality of circumstances show James understood effect; he made no claim of actual innocence | James: court did not explicitly state plea is a complete admission of guilt | Overruled — under substantial-compliance standard and Griggs presumption, James understood and plea was valid |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525 (rule that plea must be knowing, intelligent, and voluntary)
- State v. Nero, 56 Ohio St.3d 106 (standards of Crim.R.11 review: substantial vs. strict compliance)
- State v. Stewart, 51 Ohio St.2d 86 (prejudice requirement for defective plea colloquies)
- State v. Ketterer, 126 Ohio St.3d 448 (res judicata bars claims that could have been raised earlier in motion to withdraw plea)
- State v. Griggs, 103 Ohio St.3d 85 (substantial-compliance standard and presumption a guilty plea admits guilt absent assertion of actual innocence)