2015 Ohio 5288
Ohio Ct. App.2015Background
- Brandon Phelps was indicted in 2012 on multiple counts arising from the June 2012 death of Lydia Ashworth, including aggravated murder and aggravated burglary; co-defendant was Devon Fuller.
- In April 2014 Phelps entered an Alford plea: aggravated murder was amended to complicity to involuntary manslaughter and he also pled to aggravated burglary; other counts and death specifications were dismissed.
- Defense counsel stipulated that the complaints/indictment/information supplied sufficient factual basis and waived the State’s need to present live evidence at the plea hearing.
- The trial court conducted a Crim.R. 11 colloquy, advised Phelps of constitutional and nonconstitutional rights, accepted his signed guilty-plea forms, and found the pleas entered knowingly, voluntarily, and intelligently.
- The court imposed consecutive ten-year sentences on each count (20 years total). Phelps appealed, arguing his Alford plea was not knowing/voluntary and that insufficient factual basis existed to support acceptance of the plea.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Phelps) | Held |
|---|---|---|---|
| Whether Phelps’s Alford plea was knowingly, intelligently, and voluntarily entered | The plea colloquy and signed forms satisfied Crim.R. 11; counsel’s stipulation and the court’s questioning made the plea knowing and voluntary | Court failed to resolve conflict between protestation of innocence and guilty plea; judge did not explain Alford consequences or conduct heightened inquiry | Court: plea was knowing, intelligent, voluntary; trial court complied with Crim.R. 11 and properly accepted the Alford plea |
| Whether there was a sufficient factual basis to accept Phelps’s Alford plea | Counsel stipulated to the sufficiency of the complaints/indictment/information so the State did not need to present further evidence; facts supported reduced charge of complicity to involuntary manslaughter | The court erred by not requiring a factual presentation; evidence (showing Phelps may have left) undermined any factual basis for complicity | Court: stipulation supplied the factual basis; prosecutor’s statements that Phelps may have left did not negate his complicity; no plain error |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (an Alford plea is a guilty plea coupled with a claim of innocence; court may accept if plea is voluntary and record contains strong evidence of actual guilt)
- Brady v. United States, 397 U.S. 742 (U.S. 1970) (plea voluntariness must be judged in light of all relevant circumstances)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (a valid guilty plea requires an intentional relinquishment of known rights)
- State v. Carter, 124 Ohio App.3d 423 (Ohio Ct. App. 1997) (Alford plea is a species of guilty plea and is procedurally indistinguishable from a guilty plea)