State v. Johnson
2013 Ohio 2416
Ohio Ct. App.2013Background
- Appellant Ein Johnson appeals a conviction and sentence from Delaware County Common Pleas Court.
- On April 29, 2011, Johnson was convicted of trafficking in cocaine, a felony of the second degree, and sentenced to six years in prison.
- At sentencing, the court orally advised three years of post-release control, but the sentencing entry did not state that post-release control was mandatory.
- Johnson moved to withdraw his guilty plea and to resentence; the trial court denied the withdrawal motion on June 7, 2012.
- A July 2012 de novo sentencing hearing corrected the post-release-control term; the court restated Johnson’s original sentence.
- This Court later remanded for Baker-compliance, but held that correction hearings relate only to the void portion of sentence and need not repeat Baker Crim.R. 32 requirements.
- Counsel for Johnson filed an Anders brief asserting the appeal was frivolous; Johnson filed a pro se brief with an additional assignment of error; the court ultimately affirmed and allowed counsel to withdraw under Anders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to withdraw plea was pre- or post-sentence | Johnson argues the motion should have been pre-sentence | State argues proper categorization is post-sentence due to post-release control | The motion should be treated as post-sentence and denied on manifest-injustice grounds. |
| Whether the trial court complied with Crim.R. 11 regarding the plea | Johnson argues Crim.R. 11 noncompliance affected validity | State contends any error was not preserved or fatal | Issue barred by res judicata post-correction of post-release control; no Crim.R. 11 error found to merits. |
| Whether denial of the motion to withdraw and the sentence violated due process or effective assistance | Johnson contends denial harmed due process and counsel effectiveness | State maintains no reversible error; no meritorious issues exist | Court found no meritorious issues; Anders dismissal granted; judgment affirmed. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (counsel may withdraw if appeal frivolous after brief and record review)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (post-release-control corrections; void portions of sentence limited)
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (manifest injustice standard for post-sentence withdrawal of plea)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard includes unreasonable or unconscionable conduct)