2021 Ohio 3918
Ohio Ct. App.2021Background
- April Lee was indicted on discharging a firearm at/into a habitation and felonious assault; she pleaded guilty to felonious assault and the firearm count was dismissed.
- The written plea and the trial-court colloquy advised a 2-to-8 year sentence (the pre–Reagan Tokes definite-term range for second-degree felonies).
- The Reagan Tokes Act, effective for Lee’s offense date, creates an indefinite sentence for certain first- and second-degree felonies with a statutorily calculated maximum (here, 12 years).
- The trial court did not inform Lee that her sentence would be indefinite or that the maximum could be 12 years; the sentencing entry imposed an indefinite term with a 7-to-10 year range.
- The State conceded the trial court failed to advise Lee properly of the maximum penalty under Crim.R. 11(C)(2)(a).
- The appellate court reversed, holding the plea was not knowingly, intelligently, and voluntarily made, and remanded with instructions to vacate the guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with Crim.R. 11(C)(2)(a) by advising Lee of the maximum penalty | State conceded the court did not properly advise Lee of the Reagan Tokes maximum, so plea was not knowing/voluntary | Lee argued the court failed to substantially comply with Crim.R. 11(C)(2)(a) by misstating the maximum penalty and not disclosing the indefinite sentence | Reversed: court failed to inform Lee of the maximum under Reagan Tokes; plea was not knowingly, intelligently, and voluntarily made; vacate plea and remand |
Key Cases Cited
- State v. Fikes, 2021-Ohio-2597 (First Dist.) (defines “maximum penalty” and applies Crim.R. 11 analysis)
- State v. Polley, 2020-Ohio-3213 (Sixth Dist.) (explains Reagan Tokes Act’s indefinite-sentence scheme for specified felonies)
- State v. Maddox, 2020-Ohio-4702 (Sixth Dist.) (related challenges to Reagan Tokes pending higher-court review)