State v. Midlam, 2012 Ohio 5539

Midlam pled guilty in Greene County to aggravated robbery, with a mandatory nine-year sentence and restitution/costs; firearm specification dismissed.
Sentence was to run concurrently with ten-year sentences from Indiana and Montgomery County; he was transported to Highland County for a separate stage of supervision.
At sentencing, defense counsel agreed to the nine-year term; Midlam had been held on a holder from Highland County during Greene County proceedings.
Appellate counsel filed an Anders brief; Midlam filed a pro se brief raising additional issues on appeal.
Court acknowledged duties under Anders and conducted independent review, ultimately affirming the trial court’s judgment.
Key issues focus on speedy-trial rights, the imposition of a mandatory sentence based on a prior conviction, and whether offenses should merge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy-trial rights waived by guilty plea	Midlam’s speedy-trial claim challenged delays	Waiver via guilty plea forecloses speedy-trial relief	Waived; relief denied
Timeliness of plea/sentence with holder	Delays affected timing under speedy-trial rules	No violation; times counted correctly given the holder	Timeliness satisfied; valid timing under law
Mandatory sentence based on prior first-degree felony conviction	Argument about whether prior conviction justifies mandatory term	Prior felony triggers mandatory sentence under R.C. 2929.13(F)(6)	upheld; mandatory sentence authorized
Whether Greene County offenses merge with other counties’ offenses	Consecutive offenses should merge due to timing and conduct	Each offense separate; does not merge	Offenses are separate and do not merge

State v. Dankworth, 172 Ohio App.3d 159 (2007-Ohio-2588) (triple-count and timing in speedy-trial computations)
State v. Kaiser, 56 Ohio St.2d 29 (1978) (triple-count provision applicability and exceptions)
State v. Wellman, 2007-Ohio-6896 (2d Dist. Miami) (one-to-one speed-trial time when holder present)
State v. Jordan, 2012-Ohio-954 (10th Dist. Franklin) (statutory interpretation of prior offenses triggering mandatory sentence)
State v. Hawes, 2012-Ohio-5409 (2d Dist. Montgomery) (prior conviction triggers mandatory sentence under R.C. 2929.13(F)(6))
State v. Kelley, 2012-Ohio-4623 (2d Dist. Montgomery) (waiver principles regarding presentence investigation and mandatory sentencing statements)
State v. Rammel, 2012-Ohio-3724 (2d Dist. Montgomery) (agreed sentence not reviewable when authorized by law)
State v. DeWitt, 2012-Ohio-635 (2d Dist. Montgomery) (agreed sentences not subject to review)
State v. Turner, 2011-Ohio-6714 (2d Dist. Montgomery) (recognition of agreed-upon sentencing within statutory limits)
State v. Adams, 43 Ohio St.3d 67 (1989) (speedy-trial protections; constitutional basis)
Brecksville v. Cook, 75 Ohio St.3d 53 (1996) (strict construction of speedy-trial statute)