State v. Keene
95 N.E.3d 597
| Ohio Ct. App. | 2017Background
- Cody Keene was indicted on three counts of rape (R.C. 2907.02(A)(1)(b))—victim under 13—and later pleaded guilty to those three counts and a separate corrupting-another-with-drugs charge in a plea agreement reached during trial.
- At arraignment and plea change, the court, prosecutor, and defense counsel informed Keene he faced 25 years-to-life on each rape count (aggregate up to 75 years-to-life), though R.C. 2907.02 classifies the offense as a first-degree felony.
- Keene moved pre-sentence to withdraw his guilty pleas, claiming counsel pressured him, he was in a "rough" mental state and not receiving recommended psychotropic medication; the trial court held a hearing and denied the motion.
- At sentencing the trial court imposed concurrent 25-years-to-life terms on each rape count, plus concurrent five years on the drug count, and five years mandatory post-release control.
- On appeal Keene raised five assignments of error: (1) sentence unauthorized by law (requires sexually violent predator specification), (2) plea invalid under Crim.R. 11 and constitutional due process, (3) trial court abused discretion denying plea-withdrawal motion, (4) ineffective assistance of counsel, (5) improper post-release control.
- The appellate court affirmed convictions, overruled plea-withdrawal and ineffective-assistance claims, sustained the sentencing error (vacated the 25-to-life terms for rape), and remanded for resentencing under the correct statutory scheme; it rejected the post-release-control challenge.
Issues
| Issue | Keene's Argument | State's Argument | Held |
|---|---|---|---|
| Whether 25-to-life sentences imposed require a sexually violent predator specification and thus are unauthorized | Sentence of life with parole after 25 years is contrary to law and requires an SVP specification | Conceded sentencing error but argued resentencing should be to 10-to-life | Court: Sentences were contrary to law; rape under R.C. 2907.02(A)(1)(b) should be sentenced under R.C. 2971.03(B)(1)(a) (10-to-life); first assignment sustained and remanded for resentencing |
| Whether guilty pleas were knowingly, intelligently, voluntarily given under Crim.R. 11 and due process when maximum penalties were misstated | Plea invalid because maximum penalty was overstated (nonconstitutional Crim.R.11 error) | Although misstated, the overstatement favored Keene and he suffered no prejudice; substantial compliance with Crim.R.11 | Court: Substantial compliance; no prejudice shown; plea valid; second assignment overruled |
| Whether trial court abused discretion by denying pre-sentence motion to withdraw plea | Plea withdrawal warranted due to misinformation, counsel pressure, and mental-health/medication issues | Denial proper: misinformation favored defendant, no coercion shown, no claim of innocence, and hearing held timely | Court: No abuse of discretion; denial affirmed; third assignment overruled |
| Whether counsel provided ineffective assistance by advising plea, misstating penalties, and opposing withdrawal motion | Counsel deficient and prejudiced Keene such that he would not have pled | Even if advice misstated penalty, error favored Keene and caused no prejudice; counsel not shown to have coerced plea | Court: Strickland/Hill standard not met; no ineffective assistance; fourth assignment overruled |
| Whether post-release control was improperly imposed on rape convictions | Post-release control inapplicable to "unclassified" felonies—so PRC invalid | Rape here is a first-degree felony sex offense; R.C.2967.28 requires five years PRC for such offenses | Court: PRC properly imposed for first-degree felony sex offense; fifth assignment overruled |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (standard of review under R.C. 2953.08(G)(2))
- State v. Veney, 120 Ohio St.3d 176 (Crim.R.11 standards for guilty pleas)
- State v. Xie, 62 Ohio St.3d 521 (presentence plea-withdrawal standard)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-part test)
- Hill v. Lockhart, 474 U.S. 52 (application of Strickland to guilty pleas)
- State v. Ketterer, 126 Ohio St.3d 448 (liberal grant of presentence plea-withdrawal motion)
- State v. Nero, 56 Ohio St.3d 106 (substantial compliance with Crim.R.11 nonconstitutional advisements)
- State v. Sarkozy, 117 Ohio St.3d 86 (Crim.R.11 complete failure requires vacatur)
- State v. Clark, 119 Ohio St.3d 239 (Crim.R.11 compliance analysis)
- State ex rel. Carnail v. McCormick, 126 Ohio St.3d 124 (postrelease control applies to first-degree felony sex offenses)