State v. Luttrell
2022 Ohio 1148
Ohio Ct. App.2022Background
- Luttrell was indicted for felonious assault, two counts of assault, and possession of a deadly weapon while under detention after an altercation with three corrections officers at Lebanon Correctional Institution; all three officers were injured.
- Arrested July 3, 2020; was released on bond, later held in Fairfield County on unrelated charges, then returned to Warren County; competency evaluation found him competent and not NGRI.
- At a February 9, 2021 hearing Luttrell initially resisted waiving speedy‑trial time but agreed to a limited waiver to set trial for April 1, 2021; he executed a time waiver March 17, 2021.
- On May 10, 2021 Luttrell entered a plea agreement, pleading guilty to felonious assault and two counts of assault in exchange for dismissal of the possession count; he was sentenced to concurrent minimum prison terms, the felonious‑assault term treated as mandatory under R.C. 2929.13(F)(6) per the plea form and presentence report showing a prior first‑degree felony.
- Luttrell appealed asserting four assignments of error: (1) ineffective assistance for not filing a speedy‑trial dismissal motion; (2) plea was not knowing, intelligent, voluntary; (3) sentence contrary to law/unsupported by record; (4) ineffective assistance for not challenging Reagan‑Tokes indefinite sentence as unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not moving to dismiss on speedy‑trial grounds | Counsel should have filed a motion to dismiss for speedy‑trial violations | Guilty plea waived speedy‑trial and related ineffective‑assistance claims; Luttrell waived time at hearings | Overruled — plea waived speedy‑trial challenge; record shows he agreed to limited waiver and later executed waiver |
| Plea not knowing, intelligent, voluntary | Court/prosecutor failed to explain effect of plea and mandatory sentence; prosecutor didn’t recite facts or charging instrument didn’t show mandatory status | Plea form and plea colloquy expressly notified Luttrell that prison was mandatory and he said he understood | Overruled — plea was knowingly, intelligently, and voluntarily made |
| Sentence contrary to law / not supported | Trial court failed to state it considered R.C. 2929.11/2929.12 and misapplied mandatory sentencing | Sentencing entry expressly cited the statutes; plea form and PSI showed R.C. 2929.13(F)(6) applied due to prior felony | Overruled — record supports sentence and trial court considered required factors |
| Ineffective assistance for not challenging Reagan‑Tokes constitutionality | Counsel should have challenged the indefinite sentence under Reagan‑Tokes | Prior decisions in this district rejecting such challenges make failure non‑prejudicial; not ineffective assistance | Overruled — failure to raise Reagan‑Tokes challenge did not constitute ineffective assistance |
Key Cases Cited
- State v. Ketterer, 111 Ohio St.3d 70 (2006) (a voluntary guilty plea waives nonjurisdictional and unrelated constitutional claims)
- Montpelier v. Greeno, 25 Ohio St.3d 170 (1986) (a guilty plea waives speedy‑trial challenges under R.C. 2945.71)
- State v. Dangler, 162 Ohio St.3d 1 (2020) (Crim.R. 11(C) plea‑colloquy requirements and prejudice standard; exceptions where no prejudice showing required)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard of review for felony sentences under R.C. 2953.08(G)(2))
- State v. Kaiser, 56 Ohio St.2d 29 (1978) (triple‑count jail credit applies only when detained solely on the pending charge)
- State v. Buttery, 162 Ohio St.3d 10 (2020) (interpretation of R.C. 2929.13(F)(6) mandatory prison term for certain prior‑felony offenders)
- State v. Jones, 163 Ohio St.3d 242 (2020) (appellate courts may not reweigh sentencing evidence; review limited to whether trial court considered statutory factors)