State v. Montgomery
2017 Ohio 567
| Ohio Ct. App. | 2017Background
- On February 7, 2016, Mark Montgomery forcibly took his girlfriend’s car keys at her father’s house, shoved her to the floor (breaking an interior door), threatened to shoot occupants, took her cell phone, and left; a child was present.
- Witnesses and police interviews indicated Montgomery displayed a handgun; Montgomery later claimed an airsoft gun and disputed ownership of a real firearm.
- Montgomery was indicted for aggravated robbery (deadly weapon) with a three-year firearm specification; he pleaded guilty in exchange for dismissal of the firearm specification; no sentence agreement was made.
- The trial court conducted a full Crim.R. 11 plea colloquy and accepted the written plea; a presentence investigation report was prepared.
- At sentencing the court considered statutory factors, found the presumption of imprisonment not overcome, and imposed a four-year prison term plus five years post-release control.
- Appellate counsel filed an Anders brief asserting the appeal is frivolous; the court reviewed the record and affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court comply with Crim.R. 11 during plea entry? | Court properly explained rights and accepted a voluntary plea. | Montgomery implicitly claimed plea deficient (raised by counsel as potential issue). | Court found full compliance with Crim.R. 11; no arguable merit to challenge. |
| Was the sentence contrary to law or unsupported by record? | Sentence within statutory range; court considered PSI and statutory factors; presumption of prison not overcome. | Defendant suggested sentence could be challenged as excessive or procedurally defective. | Court held sentencing discretionary and within range; no clear-and-convincing basis to vacate or modify. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedures for appointed counsel who believes appeal is frivolous)
- Penson v. Ohio, 488 U.S. 75 (1988) (appellate courts must conduct independent review when counsel files an Anders brief)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (appellate review of felony sentences limited to clear-and-convincing standard)