State v. Johnson, 2020 Ohio 2826

Johnson was indicted in two Cuyahoga County cases on multiple counts including aggravated robbery, theft, weapons offenses, and firearm specifications.
In May 2019 he pleaded guilty in both cases: to an amended robbery (with a one‑year firearm spec) and to aggravated robbery (with a three‑year firearm spec); remaining counts were nolled.
The parties jointly recommended a 12‑year sentence, which the trial court later imposed.
At sentencing the court did not advise Johnson of his right to appeal as required by Crim.R. 32(B).
Johnson timely filed a notice of appeal, obtained appellate counsel and a transcript, and challenged the plea and sentence on appeal arguing (1) the sentence is void for lack of appellate advisement and (2) his plea was not knowing/voluntary because he was not informed of appellate consequences of a jointly recommended sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court's failure to advise of right to appeal renders the sentence void	State: Failure is harmless here because Johnson filed a timely appeal and obtained counsel/transcript	Johnson: Sentence is void because court never advised him of appellate rights	Court: Failure makes sentence voidable, not void; harmless because defendant timely appealed and had counsel/transcript — Assignment I overruled
Whether the plea was involuntary because court failed to inform him about appellate rights and effects of a jointly recommended sentence	State: Duty to advise appellate rights arises at sentencing and does not affect Crim.R. 11 plea colloquy; jointly recommended in‑range sentence limits appellate review	Johnson: Plea was not knowing/voluntary because he was not told that agreeing to a joint sentence could bar appellate review	Court: Failure to advise appellate rights does not vitiate the voluntariness of the plea; R.C. 2953.08(D)(1) bars review of lawful, jointly recommended, imposed sentence — Assignment II overruled

State v. Davner, 100 N.E.3d 1247 (holding failure to advise appellate rights renders sentence voidable, not void)
State v. Underwood, 922 N.E.2d 923 (explaining when a sentence is "authorized by law" for purposes of limiting appellate review)
State v. Porterfield, 829 N.E.2d 690 (jointly agreed sentence is protected from appellate review because parties agreed it was appropriate)
State v. Sanders, 750 N.E.2d 90 (plain‑error standard: reversal only if outcome would clearly be different)
State v. Rogers, 38 N.E.3d 860 (courts should notice plain error only with utmost caution to avoid miscarriage of justice)
State v. Awan, 489 N.E.2d 277 (failure to move to withdraw plea at trial level waives the issue on appeal)