State v. Raymond
2013 Ohio 3144
Ohio Ct. App.2013Background
- Antonio Raymond pleaded guilty to an amended second-degree felony burglary charge as part of a plea agreement; the court advised him of penalties of 2–8 years imprisonment and a $15,000 fine and accepted the plea under Crim.R. 11.
- At sentencing the victim identified Raymond as the main aggressor; the PSI showed an extensive felony history (11 felony convictions).
- The court sentenced Raymond to five years in prison, ordered $1,350 restitution, imposed three years of mandatory postrelease control, denied jail-time credit, and refused to suspend court costs after counsel asserted indigency but offered no affidavit.
- Raymond appealed, raising three assignments of error: (1) plea not knowingly/intelligently entered because court failed to advise of statutory presumption favoring incarceration for second-degree felonies; (2) trial court erred by ordering costs and failing to give certain statutory notifications; (3) trial court failed to award jail-time credit.
- The state agreed a remand was appropriate for calculation of jail-time credit; the court reviewed Crim.R. 11 compliance and applicable statutory/amendment issues concerning cost-notice requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea was knowing, intelligent, voluntary under Crim.R. 11 for failure to advise of statutory presumption favoring prison | State: Court informed defendant of charge, maximum penalty, and community-control eligibility, satisfying Crim.R. 11 | Raymond: Court failed to advise of R.C. 2929.13(D)(1) presumption favoring incarceration for 2nd-degree felonies so plea was not fully informed | Overruled — court complied with Crim.R. 11 by advising maximum penalties and community-control info; no requirement to explain statutory presumption favoring incarceration |
| Whether court erred in ordering court costs and denying suspension without indigency showing | State: R.C. 2947.23 requires costs and suspension may be granted only on statutory authority with a motion/affidavit; court properly denied absent affidavit | Raymond: Trial court should have suspended costs given asserted indigency and failed to provide required oral notifications about community service in lieu of costs | Partially sustained/partially overruled — imposition of costs proper because no affidavit of indigency was presented; but court erred by failing to give the then-required notifications, and judgment must be modified to eliminate any requirement that defendant perform community service in lieu of payment (post-amendment statutory changes noted) |
| Whether trial court erred by denying jail-time credit under R.C. 2967.191 | State: Agreed remand appropriate to calculate credit | Raymond: Entitled to jail-time credit for pretrial/detention time and transportation awaiting prison | Sustained — record lacks calculation; remanded for trial court to compute and enter jail-time credit |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525, 660 N.E.2d 450 (1996) (guilty pleas must be knowing, intelligent, and voluntary)
- State v. Nero, 56 Ohio St.3d 106, 564 N.E.2d 474 (1990) (Crim.R. 11 nonconstitutional error analysis requires substantial compliance and demonstration of prejudice)
- State v. Clevenger, 114 Ohio St.3d 258, 871 N.E.2d 589 (2007) (R.C. 2947.23 requires assessment of court costs and explains waiver procedures and notification requirements)