2020 Ohio 5361
Ohio Ct. App.2020Background:
- David R. Morris was indicted on multiple offenses, including three counts of rape of a child under 13 with force specifications and two counts of gross sexual imposition.
- Morris entered written and oral guilty pleas (Crim.R. 11 colloquy) to five counts pursuant to a plea agreement that jointly recommended an indefinite sentence of 25 years to life.
- The trial court accepted the pleas, found the force specifications supported, and sentenced Morris to an aggregate indefinite term of 25 years to life; Morris did not file a direct appeal.
- Morris later filed a post‑sentence motion to withdraw his guilty pleas, arguing the 25‑to‑life sentence was contrary to law (relying on McMullen); the trial court denied the motion.
- Appellate counsel filed an Anders brief and moved to withdraw, arguing the appeal was frivolous; the court independently reviewed the record and affirmed the trial court.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 25‑to‑life sentence was contrary to law | State: Sentence authorized under R.C. 2971.03(B)(1)(c) because force specifications were alleged and found | Morris: Sentence contrary to law (relies on McMullen — no SVP finding, victim not under 10, no serious physical harm) | Affirmed: 25‑to‑life authorized where offender pleaded guilty to rape of a child under 13 with force specification |
| Validity of guilty pleas under Crim.R. 11 | State: Plea colloquy complied with Crim.R.11; Morris knowingly, intelligently, voluntarily pled guilty | Morris: Pleas not knowing/intelligent because imposed sentence was legally improper | Pleas were valid; court complied with Crim.R.11 |
| Post‑sentence motion to withdraw plea (manifest injustice) | State: Denial proper because sentence lawful; no manifest injustice | Morris: Seeks withdrawal because sentence unlawful | Denial affirmed; no abuse of discretion because sentence not contrary to law |
| Ineffective assistance of counsel | State: Counsel not ineffective because sentence lawful and plea strategy not deficient | Morris: Counsel ineffective for allowing plea to an unlawful sentence | Claim fails; counsel performance not shown deficient nor prejudicial |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel's procedure for withdrawing when appeal is frivolous)
- Strickland v. Washington, 466 U.S. 668 (sets two‑prong ineffective assistance standard)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (addresses standard of review for felony sentences under R.C. 2953.08)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (explains appellate review limits and when a sentence may be modified under R.C. 2953.08)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio adoption of Strickland standard)