State v. Lewis, 2013 Ohio 892

Lewis pled guilty to domestic violence, a fourth-degree felony, and the court accepted the plea.
A PSI was prepared; the State and court discussed sentencing but the court imposed 16 months instead of the State’s recommendation.
The plea and counsel’s performance were challenged as part of a no-merit Anders/Toney briefing.
The court correctly advised on constitutional rights but had a misstep on nonconstitutional advisements and probation eligibility.
The court stated Lewis was not eligible for community control, and it also imposed postrelease control.
Appellate review identified an error in the discretionary postrelease-control sentence, prompting remand for resentencing on that issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the plea was knowingly, intelligently entered	Lewis	Lewis	Plea valid; no basis to reverse on appeal
Whether the 16-month sentence complied with law and standards	State	Lewis	Within statutory range; not an abuse of discretion
Whether the postrelease control portion of the sentence was correct	State	Lewis	Incorrect; remand for resentencing on postrelease control
Whether misstatements about community control eligibility affected the sentence	State	Lewis	Remand warranted to correct postrelease-control issue; misstatement to be addressed
Whether counsel rendered ineffective assistance	State	Lewis	No reversible error; counsel performance not deficient

State v. Fischer, 128 Ohio St.3d 92 (2010) (postrelease-control sentencing framework; void sentence when misapplied)
State v. Veney, 120 Ohio St.3d 176 (2008) (Crim.R.11 substantial compliance and prejudice standard)
State v. Nero, 56 Ohio St.3d 106 (1990) (substantial compliance standard for nonconstitutional advisements)
State v. Sarkozy, 117 Ohio St.3d 86 (2008) (Crim.R.11 advisements; postrelease control is nonconstitutional)
State v. Kalish, 120 Ohio St.3d 23 (2008) (framework for reviewing felony sentences)