2012 Ohio 3542
Ohio Ct. App.2012Background
- Appellant Patrick A. Johnson pled guilty to domestic violence as a third-degree felony under a Bill of Information after two prior domestic violence convictions.
- The trial court noted the offense is a third-degree felony because of prior DV convictions and that no-contact order terms were involved.
- At sentencing, the court found multiple violations of the no-contact order, including jail telephone calls totaling 17 hours to the victim.
- Appellant was sentenced to four years in prison and the no-contact order was renewed.
- Appellant subsequently moved to withdraw his plea and appealed the sentencing entry; the appellate court granted accelerated treatment and ultimately affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel at sentencing | Johnson | Johnson alleges counsel failed to discuss consequences of no-contact violations and withdrawal options | Overruled |
| Post-sentencing motion to withdraw plea | Johnson | Record not properly before the court for this issue | Overruled |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel; performance and prejudice prongs)
- Bradley v. State, 42 Ohio St.3d 136 (1989) (prejudice prong governs inquiry after ineffectiveness showing)
- Moody v. State, 2008-Ohio-3650 (Ohio Ct. App. 5th Dist. 2008) (records review limits appellate inquiry to record before trial court)
- Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158, 463 N.E.2d 655 (1983) (accelerated calendar and appellate procedure guidance)