State v. McCann
2011 Ohio 3339
Ohio Ct. App.2011Background
- McCann pled guilty to felonious assault with a firearm specification via an Alford plea.
- Stipulated facts supported the elements of felonious assault and the firearm specification, though McCann contested knowing shooting.
- Trial court accepted the Alford plea and found McCann guilty, then sentenced him to 10 years’ imprisonment.
- Lawrence County Grand Jury originally indicted McCann on felonious assault and weapons under disability; the state later dismissed the first indictment as part of the plea deal.
- McCann waived statutory speedy-trial rights related to the second indictment prior to the plea.
- Appellate court affirmed the judgment, holding no abuse of discretion in accepting the Alford plea and finding waiver of ineffective-assistance arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Alford plea had a sufficient factual basis | McCann argues there was no evidence he knowingly shot the victim. | State contends stipulated facts established the offense and firearm specification. | No abuse of discretion; factual basis supported the plea. |
| Whether McCann waived ineffective-assistance claims by pleading guilty | McCann asserts ineffective assistance due to speedy-trial issues. | State notes waiver via guilty plea; appealable issues limited to knowingness and voluntariness, | |
| with independent ineffective-assistance concerns waived. | Waived; appellate court overruled the claim. |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (U.S. Supreme Court 1970) (allows a guilty plea while asserting innocence if there is a factual basis)
- State v. Byrd, 2008-Ohio-3909 (4th Dist. 2008) (discretionary review of guilty plea decisions under Alford framework)
- Montpelier v. Greeno, 25 Ohio St.3d 170 (Supreme Court of Ohio 1986) (speedy-trial rights can affect plea validity; waiver concerns)
- State v. Spates, 64 Ohio St.3d 269 (Supreme Court of Ohio 1992) (guilty pleas waive some appellate rights except knowing/voluntary acceptance)
- State v. Kelley, 57 Ohio St.3d 127 (Supreme Court of Ohio 1991) (reaffirmation of waiver principles post-plea)