State v. Jones
2012 Ohio 6150
Ohio Ct. App.2012Background
- charged in 2006 with possession of crack cocaine (1st degree felony), possession of cocaine (3rd degree felony), forfeiture specifications, and falsification (1st degree misdemeanor);
- stop of Jones’s car where he lied about identity and drugs found on person/car;
- trial court denied suppression; Jones pled no contest; sentencing entry: 7-year total term;
- appellate history: dismissed for lack of final order; nunc pro tunc entries and forfeiture orders;
- 2010–2011: resentencing and postrelease control corrections; 2012 sentencing entry finally included forfeiture, leading to eight assignments of error;
- court ultimately affirms in part, reverses in part, remands for jail-time credit calculation and other corrections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to suppress—voluntary consent? | Jones morally contests consent; not voluntarily given. | Consent was not voluntary; acquiescence under authority. | Consent found voluntary; suppression denied. |
| Plea validity under Crim.R. 11 | Trial court failed to ensure knowing, intelligent, voluntary plea; misstatements undermined plea. | Any misstatements were not prejudicial; no reversible error. | Plea valid; no reversible error; no prejudicial impact found. |
| Merge of allied offenses (Counts 1 & 2) | Counts 1 & 2 should merge as allied offenses of similar import. | Offenses are distinct (crack vs powder cocaine) under controlling authority. | Counts not merged; not allied offenses. |
| Jail-time credit calculation | Credit miscalculation under Crim.R. 32; more time owed. | Credit properly computed. | Reversed as to jail-time credit; remand for correction. |
| Withdrawal of plea—pre/sentencing hearing | Trial court erred by not holding a hearing on presentence withdrawal motion. | Harmless error; no basis shown to withdraw plea. | Harmless error; withdrawal denied; no reversal necessary. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standard for suppression review and credibility findings)
- State v. Posey, 40 Ohio St.3d 420 (1988) (consent to search requires clear and voluntary consent)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (need for voluntary consent in warrantless search)
- State v. Clark, 119 Ohio St.3d 239 (2008) (Crim.R.11 colloquy requirements; effect on knowing pleas)
- State v. Nero, 56 Ohio St.3d 106 (1990) (substantial-compliance rule for nonconstitutional rights)
- State v. Xie, 62 Ohio St.3d 521 (1992) (presentence withdrawal standards; requirement of hearing)
- State v. Wilborn, 2011-Ohio-1038 ( Ohio App.) (harmless error for improper withdrawal hearing)
- State v. Johnson, 128 Ohio St.3d 153 (2010) (allied offenses of similar import; conduct-based analysis)