State v. Powell
2017 Ohio 311
| Ohio Ct. App. | 2017Background
- In 2012 Powell pleaded guilty to two counts of fifth-degree forgery and was placed on community control; the court warned that violating community control could result in 10 months’ imprisonment per count, consecutive (20 months total).
- Alleged community-control violations in 2015 included positive drug tests and unreported contacts with law enforcement arising from a March 25, 2015 traffic accident.
- Powell was indicted in 2015 for a March 25, 2015 crash that caused serious injuries: two counts of aggravated vehicular assault, two counts of vehicular assault, two counts of failure to stop, and one OVI; discovery included DNA and surveillance evidence.
- In March 2016 Powell entered a written plea: guilty to two aggravated vehicular-assault counts (reduced to third-degree felonies, specifications waived) and one misdemeanor OVI; the court complied with Crim.R. 11 at plea colloquy.
- Powell admitted the community-control violation in April 2016; the court imposed the remaining 20 months from the 2012 case (with credit) and, in the 2015 case, consecutive terms totaling 4.5 years plus discretionary post-release control.
- Appellate counsel filed an Anders brief asserting the appeals are frivolous; the court independently reviewed the record and affirmed the convictions and sentences, granting counsel leave to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of admission to community-control violation under Crim.R.32.3 (and resulting 20-month consecutive sentence) | State: Admission was knowing, voluntary, counsel present, and court complied with procedures; consecutive 10-month terms properly imposed | Powell: (argued potential challenge) admission or procedure under Crim.R.32.3 and consecutive aggregation were improper | Court: Frivolous — admission valid, defendant warned previously, and court made required findings for consecutive terms; no arguable merit |
| Plea colloquy compliance with Crim.R.11 for 2015 case | State: Court fully complied with Crim.R.11; Powell knowingly and voluntarily pleaded guilty | Powell: (potential challenge) plea was not properly accepted under Crim.R.11 | Court: Frivolous — record shows full compliance; plea knowingly, voluntarily made |
| Sentencing legality and imposition of consecutive sentences in 2015 case | State: Sentences within statutory ranges; court considered factors and made required findings for consecutive terms and post-release control | Powell: (potential challenge) sentences improper or contrary to law | Court: Frivolous — sentences lawful, findings proper, post-release control correctly imposed |
| Whether OVI merges with aggravated vehicular assault (predicate offense) | State: Cumulative sentences permitted where OVI is predicate for aggravated vehicular assault | Powell: (potential challenge) OVI should merge with aggravated vehicular assault | Court: Frivolous — under State v. Earley cumulative sentences are allowed; merger claim lacks merit |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for counsel to withdraw when appeal is frivolous)
- State v. Earley, 49 N.E.3d 266 (Ohio 2015) (OVI as predicate for aggravated vehicular assault does not bar cumulative sentences)