State v. Reeder, 2021 Ohio 4558

Background:

Chadwick T. Reeder was indicted in three Allen County cases on multiple drug and firearm-related counts arising in 2017–2019; indictments included firearm and forfeiture specifications.
On November 21, 2019 Reeder entered negotiated guilty pleas in all three cases; the parties agreed a nonmerger stipulation (that counts were separate) was added to the plea forms and explained on the record.
At sentencing the court imposed an aggregate prison term of 14 years, 3 months across the three cases, including two mandatory consecutive one-year terms for firearm specifications in case 0247.
Reeder filed a delayed appeal raising four assignments of error: (1) improper imposition of consecutive mandatory firearm terms, (2) certain counts were void because THC is not a Schedule I drug, (3) ineffective assistance for pleading to nonexistent offenses, and (4) ineffective assistance for counsel stipulating to nonmerger.
The court affirmed: it held Reeder knowingly waived merger protections by stipulation, THC (tetrahydrocannabinols) was listed as a Schedule I hallucinogen at the time of the offenses, and both ineffective-assistance claims failed because the pleas were knowing and Reeder showed no prejudice.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether two mandatory, consecutive 1-year firearm terms were illegally imposed	The State: sentences lawful; R.C. 2929.14 requires consecutive application and the defendant waived merger by stipulation	Reeder: offenses were part of the same act/transaction so R.C. 2929.14(B)(1)(b) bars more than one firearm term	Court: Reeder expressly stipulated nonmerger at plea; he waived the statutory protection, so consecutive mandatory terms valid
Whether counts charging "THC, a Schedule I drug" were void for lack of subject-matter jurisdiction	The State: THC = tetrahydrocannabinols, which was listed as a Schedule I hallucinogen in R.C. 3719.41 at the time	Reeder: THC is not a Schedule I controlled substance, so the indictments do not charge crimes	Court: THC (tetrahydrocannabinols) was a Schedule I substance then; the court had jurisdiction and counts valid
Whether counsel was ineffective for advising plea to offenses that allegedly do not exist	The State: counts are legally valid, so counsel was not ineffective	Reeder: counsel caused an unknowing, involuntary plea by allowing pleas to nonexistent offenses	Court: because counts were valid, counsel was not ineffective on this ground; plea was knowing and voluntary
Whether counsel was ineffective for stipulating that counts would not merge	The State: stipulation was strategic as part of a global plea bargain and Reeder was informed; Reeder received concessions	Reeder: counsel’s stipulation forfeited merger protections and caused prejudice	Court: counsel’s performance not shown deficient and Reeder did not demonstrate prejudice; plea waiver of merger was knowing

Key Cases Cited

State v. Marcum, 146 Ohio St.3d 516 (standard of review for felony-sentence challenges)
State v. Rogers, 143 Ohio St.3d 385 (defendant may waive R.C. 2941.25 protections by stipulating offenses were separate)
State v. Underwood, 124 Ohio St.3d 365 (same on waiver of merger via plea agreement)
United States v. Olano, 507 U.S. 725 (waiver principles for convicted defendants)
Johnson v. Zerbst, 304 U.S. 458 (knowing and intelligent waiver standard)
State v. Harper, 160 Ohio St.3d 480 (void vs. voidable judgments analysis)
Tollett v. Henderson, 411 U.S. 258 (limits on appealing pre-plea constitutional claims)
Strickland v. Washington, 466 U.S. 668 (two-part ineffective-assistance test)
Perry v. State, 10 Ohio St.2d 175 (subject-matter jurisdiction and finality principles)
Ex parte Shaw, 7 Ohio St. 81 (historical treatment of void judgments)