Background - Defendant G. Shannon J.R. McColor was indicted on two counts of aggravated robbery with attached firearm specifications; one count was later dismissed without prejudice due to federal proceedings. - McColor entered a Crim.R. 11 plea: guilty to aggravated robbery with a firearm specification in exchange for a jointly-recommended aggregate eight-year prison term (5 years for robbery + 3-year firearm term) to run concurrently with other state and federal sentences. - The trial court conducted a Crim.R. 11 colloquy, accepted the plea as knowing, voluntary, and intelligent, and sentenced McColor to the agreed eight-year term with 304 days jail credit and five years mandatory post-release control; court costs were ordered (amount to be determined). - Appellate counsel filed an Anders/Toney no-merit brief and moved to withdraw; McColor filed a pro se brief raising five assignments of error. - The appellate court conducted an Anders review, considered plea and sentencing issues (and the pro se claims), and ultimately affirmed the conviction and granted counsel’s motion to withdraw. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---|---| | Plea voluntariness (Crim.R. 11) | State: Court complied with Crim.R. 11; plea was knowing, voluntary, intelligent | McColor contended defects in plea procedure (general challenge) | Court found strict/substantial compliance with Crim.R. 11; plea valid | | Sentencing & reviewability of jointly-recommended sentence | State: Jointly-recommended sentence authorized by law and not subject to review if mandatory provisions met | McColor raised sentencing challenges and claimed judge failed to enter a finding of guilt | Court held sentence was within statutory range, mandatory PRC imposed, allocution and statutory considerations addressed; jointly-recommended sentence authorized and not reviewable | | Court costs / indigence | State: Trial court properly entered costs; defendant had opportunity to request waiver at sentencing but did not | McColor argued court failed to determine indigence and improperly imposed costs | Court held waiver request must be made at sentencing (Threatt); McColor did not do so, so claim barred by res judicata; court could order community service if costs unpaid | | Transcript access / meaningful self-representation | State: Court and appellate court ordered transcript at state expense and reporter filed them | McColor claimed indigence prevented obtaining plea/sentencing transcripts and impaired his pro se ability to appeal | Court ordered and obtained the transcripts at state expense; appellate counsel received them; claim meritless | | Ineffective assistance re: waiver of PSI and eligibility for community control | State: Counsel negotiated plea and joint sentence; firearm specification made defendant ineligible for community control | McColor argued counsel was ineffective for waiving a pre-sentence investigation and thereby losing a chance at community control | Court applied Strickland: counsel’s performance not deficient; firearm specification barred community control and negotiated joint recommendation was reasonable; claim denied | ### Key Cases Cited Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures for appointed counsel to seek withdrawal when appeal is frivolous) Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (guilty plea must be voluntary to satisfy due process) Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance of counsel test) State v. Sergent, 148 Ohio St.3d 94 (Ohio 2016) (jointly-recommended sentence not reviewable if authorized by law) State v. Veney, 120 Ohio St.3d 176 (Ohio 2008) (Crim.R. 11(C)(2)(c) strict compliance for constitutional rights advisement) State v. Threatt, 108 Ohio St.3d 277 (Ohio 2006) (motion to waive court costs must be made at sentencing) * State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (substantial compliance standard for nonconstitutional Crim.R. 11 advisements)