State v. Mason
2017 Ohio 7065
| Ohio Ct. App. | 2017Background
- Roderick J. Mason was indicted on multiple felony drug and weapons counts arising from a January 2016 search warrant covering his Shawnee Avenue residence and two vehicles.
- The warrant affidavit relied on controlled buys and identifications by confidential informants and surveillance tying Mason and his vehicles to drug transactions. Some affidavit material was redacted in the record.
- Mason filed several motions to suppress (including a Franks challenge), supplemented them, and sought a hearing; the trial court struck a late filing, denied the suppression motions without an evidentiary hearing, and set trial.
- Mason entered a no-contest plea, was sentenced to an aggregate 16-year term, and appealed raising four errors: suppression hearing denial, failure to inform effect of no-contest plea, misstatement of postrelease control term, and failure to record a May 4, 2016 proceeding.
- The court affirmed convictions but modified the sentencing entry to correct the postrelease control term from three years to the mandatory five years and remanded for clerical correction.
Issues
| Issue | State's Argument | Mason's Argument | Held |
|---|---|---|---|
| Denial of suppression hearing | State: Court may rule on motions based on pleadings; no hearing required. | Mason: Franks and Bailey issues entitled him to an evidentiary hearing. | Court: No hearing required — Mason failed to make the preliminary showings for Franks or Bailey. |
| Effect-of-plea advisement (Crim.R. 11) | State: Colloquy substantially complied; defendant understood rights and consequences. | Mason: Court failed to inform him that no-contest is not an admission of guilt (effect-of-plea). | Court: Nonconstitutional error; substantial compliance shown and no prejudice; claim denied. |
| Postrelease control term | State: Court informed defendant of PRC though misstated term. | Mason: Court misstated PRC as three years rather than mandatory five years. | Court: Misstatement acknowledged; remedy is clerical correction — modify entry to five years. |
| Unrecorded May 4, 2016 proceedings | State: Parties agreed court would rule on pleadings; no recording request. | Mason: Failure to record denied due process and violated Crim.R. 22. | Court: Issue waived by failure to request recording and no show of material prejudice; claim denied. |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (defendant must make a substantial preliminary showing of deliberate falsehood or reckless disregard in affidavit to require a Franks hearing)
- Bailey v. United States, 568 U.S. 186 (2013) (limits Summers detentions to the immediate vicinity of the premises searched)
- Michigan v. Summers, 452 U.S. 692 (1981) (permits detention of occupants at the premises during execution of a search warrant for officer safety and to prevent flight)
- Terry v. Ohio, 392 U.S. 1 (1968) (authorizes investigatory stops based on reasonable suspicion)
- State v. Roberts, 62 Ohio St.2d 170 (1980) (challenge to warrant veracity requires offer of proof and substantial preliminary showing per Franks)
- State v. Clark, 119 Ohio St.3d 239 (2008) (substantial-compliance standard for nonconstitutional Crim.R. 11 errors)
- State v. Jones, 116 Ohio St.3d 211 (2007) (effect-of-plea advisement requirement and distinction between constitutional and nonconstitutional advisements)
- State v. Fisher, 128 Ohio St.3d 92 (2010) (postrelease control errors may be remedied without vacating plea)