State v. Jones
2013 Ohio 489
| Ohio Ct. App. | 2013Background
- Jones and codefendants burglarized Lakewood homes between August and October 2011.
- Three indictments were consolidated for plea and sentencing: CR-555501, CR-555628, CR-556053.
- Jones pleaded guilty to selected counts; other charges were dismissed; sentences totaled 32 years.
- At sentencing, victims described fear and trauma from the home invasions and gun violence.
- Jones challenged the sentence as unlawful and his plea as not knowing, intelligent, and voluntary.
- The trial court imposed consecutive sentences across the three cases, later appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive-sentences findings required | State argues HB 86 requires explicit R.C. 2929.14(C) findings. | Jones contends the court failed to make the statutory findings on record. | Remand for resentencing due to missing required findings. |
| Guilty plea knowing and voluntary | State asserts Crim.R. 11(C) compliance was met overall. | Jones claims he was not properly informed of the maximum penalties. | Plea upheld; partial nonconstitutional misstatement deemed non-prejudicial; substantial compliance. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step Kalish analysis for reviewing felony sentences)
- State v. Matthews, 8th Dist. No. 97916 (2012-Ohio-5174) (record must show required statutory analysis for consecutive sentences)
- State v. Doss, 8th Dist. No. 98229 (2012-Ohio-5751) (requires meaningful review when 2929.14(C)(4) findings are absent)
- State v. Wilson, 8th Dist. No. 97827 (2012-Ohio-4159) (HB 86 findings must be made on the record prior to consecutive sentences)
- State v. Milczewski, 8th Dist. No. 97138 (2012-Ohio-1743) (advisement on postrelease control need not state escape penalties; substantial compliance)