2013 Ohio 5744
Ohio Ct. App.2013Background
- Appellant Andell Johnson was indicted in Cuyahoga C.P. Nos. CR-566485 and CR-566901 on burglary, grand theft, and aggravated theft charges.
- In CR-566485, Johnson pled guilty to burglary and aggravated theft; other counts were dismissed.
- In CR-566901, Johnson pled to an amended burglary, with other counts and the firearm specification dismissed.
- Sentencing on February 11, 2013: four years for burglary and 36 months for aggravated theft in CR-566485 (concurrent); four years for burglary in CR-566901; total eight years, consecutive.
- Johnson appeals raising four assignments of error related to Crim.R. 11 waiver, ineffective assistance of counsel, and consecutive-sentencing findings.
- The appellate court reverses the consecutive-sentencing portion and remands for resentencing consistent with the opinion; convictions are otherwise affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Crim.R. 11 plea was knowingly, intelligently, and voluntarily entered | Johnson argues the plea may not have been knowingly entered due to partial misunderstanding | State argues the court fully complied with Crim.R. 11 and Johnson understood the plea | No plain error; plea knowingly and voluntarily entered |
| Ineffective assistance of counsel for not moving to withdraw the guilty pleas before sentencing | Johnson asserts counsel should have moved to withdraw the pleas | Counsel’s performance not deficient and motion would have been futile | Not shown; no prejudice established |
| Whether the court properly imposed consecutive sentences under R.C. 2929.14(C)(4) | Johnson contends the court failed to make statutory findings required for consecutive sentences | Court’s findings were not properly articulated on the record | Consecutive sentences reversed and remanded for proper findings |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525 (Ohio 1996) (plea knowingly, intelligently, and voluntarily; Crim.R. 11 obligations; Boykin rights)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (necessity of waiving constitutional rights in plea colloquy)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard)
- State v. Madrigal, 87 Ohio St.3d 378 (Ohio 2000) (standard for ineffective-assistance analysis in Ohio)
- State v. Moore, 2012-Ohio-5734 (Ohio 2012) (defense not deficient for not filing futile motion to withdraw plea)
- State v. Venes, 2013-Ohio-1891 (Ohio 2013) (statutory findings for consecutive sentences under R.C. 2929.14(C))