State v. Morgan
2021 Ohio 3996
| Ohio Ct. App. | 2021Background
- Davalon C. Morgan was indicted in three Lucas County cases (CR16-1737; CR19-1373; CR19-1924) for drug- and related offenses; he initially pled not guilty in each.
- On October 24, 2019 Morgan pled no-contest in CR16-1737 (aggravated possession) and guilty in CR19-1373 and CR19-1924 to various trafficking/possession and endangering-children counts; court accepted pleas.
- On August 11, 2020 the trial court sentenced Morgan: CR19-1373 (30 months for trafficking + 6 months concurrent misdemeanor; $10,000 fine; costs); CR19-1924 (17 + 11 months, consecutive for total 28 months, ordered consecutive to CR19-1373; costs); CR16-1737 (10 months for violating community control, ordered consecutive to the other two).
- Sentencing and appearances occurred via Zoom; counsel waived Morgan’s physical presence under Crim.R. 43.
- Morgan appealed, arguing: (1) Crim.R. 11 deficiency — pleas not shown voluntary; (2) sentencing entries altered sentences without his physical presence in violation of Crim.R. 43; and (3) fines and costs were unsupported because he is indigent.
Issues
| Issue | Plaintiff's Argument (Morgan) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Crim.R. 11 voluntariness of pleas | Trial court never asked whether pleas were voluntary or the product of threats/promises; failure to comply requires vacatur without showing prejudice | Court informed Morgan of constitutional rights, penalties, and accepted admissions; rule does not require the specific phrasing alleged | Court found Crim.R.11 complied with: plea colloquy and written plea forms established knowing, intelligent, voluntary pleas — assignment denied |
| Presence at sentencing (Crim.R. 43) | Judgment entries ordered consecutive sentences not imposed in Morgan’s physical presence; Crim.R.43 requires physical presence for sentencing so entries are contrary to law | Morgan’s counsel waived his physical presence on the record; sentencing occurred via Zoom with Morgan present virtually; judgment entries reflect the announced sentences | Court held counsel waived physical presence, sentencing matched entries, and sentences were not contrary to law |
| Financial sanctions and indigency | Record shows indigency (low wages, instability); court imposed $10,000 fine and costs without adequate finding or determination of ability to pay | Trial court considered PSI and other record, explicitly found Morgan has or may reasonably be expected to have means to pay, and discretionary-cost finding is supported by clear and convincing evidence | Court held record supports the court’s finding of present/future ability to pay; imposition of fine and costs not contrary to law |
Key Cases Cited
- State v. Dangler, 162 Ohio St.3d 1, 2020-Ohio-2765, 164 N.E.3d 286 (clarifies Crim.R.11 inquiry and dispenses with ‘‘tiers’’ of compliance)
- State v. Clark, 119 Ohio St.3d 239, 2008-Ohio-3748, 893 N.E.2d 462 (failure to explain constitutional rights presumes plea involuntary; no prejudice showing required)
- State v. Veney, 120 Ohio St.3d 176, 2008-Ohio-5200, 897 N.E.2d 621 (omission of nonconstitutional colloquy elements requires defendant show prejudice to vacate plea)
- State v. Nero, 56 Ohio St.3d 106, 564 N.E.2d 474 (prejudice test for plea defects: whether the plea would otherwise have been made)