State v. Rice
2016 Ohio 8443
Ohio Ct. App.2016Background
- McCoy Rice was indicted in two Summit County cases arising from separate traffic incidents (March 2012 & July 2013 → CR-2013-07-2044; September 2013 → CR-2013-09-2670) on multiple felony and misdemeanor counts including having weapons while under disability, CCW, possession of cocaine, and related offenses.
- Rice was tried by jury; in CR-2013-07-2044 the jury acquitted on several counts, convicted on failure to comply, possession of cocaine, forgery, obstructing official business, and driving under suspension; the jury deadlocked (later dismissed) on one weapons-under-disability count.
- In CR-2013-09-2670 the jury convicted Rice of weapons-under-disability, CCW, possession of cocaine, driving under suspension, and the court found guilt on possession of marijuana (minor misdemeanor tried to the court).
- Rice filed a single notice of appeal that included both case judgments; the appellate court determined the September 15, 2014 sentencing entry in CR-2013-09-2670 was not a final, appealable order because the court had not imposed sentence on the marijuana conviction, and dismissed that part of the appeal for lack of jurisdiction.
- On the appealable portion (May 14, 2014 judgment in CR-2013-07-2044) the Ninth District: (1) overruled Rice’s Crim.R.14 severance claim as forfeited for failure to renew the motion at the close of evidence; (2) rejected Rice’s claim that the trial court imposed a harsher sentence as a “trial tax,” finding sentencing based on evidence (including a recorded high-speed chase) rather than punishment for exercising trial rights; and (3) affirmed the May 14, 2014 judgment.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rice) | Held |
|---|---|---|---|
| Jurisdiction — appealability of CR-2013-09-2670 sentencing entry | The entries are appealable | Rice treated both judgments as appealable; requested review of both cases | Appeal as to CR-2013-09-2670 dismissed for lack of jurisdiction because court did not sentence on all convictions; May 14, 2014 judgment in CR-2013-07-2044 was appealable and retained |
| Severance of joined indictments (Crim.R.14) | Joinder was proper; no preserved objection | Joinder of the two separate indictments prejudiced Rice; moved pretrial for severance | Motion forfeited: Rice failed to renew Crim.R.14 motion at close of State's case or close of all evidence; claim not reviewed on the merits (no plain-error argument) |
| Alleged sentence increase as punishment for going to trial (trial tax) | Sentence based on record and public-safety concerns, not on rejection of plea | Trial court threatened/indicated a lower sentence if Rice had pled; harsher sentence was punitive for exercising right to trial | Denied: record shows sentencing based on evidence (video of dangerous high-speed chase) and protection of community; no inference sentence increased because Rice went to trial |
| Ineffective assistance / allied-offenses challenge | State did not reach merits in appealable judgment | Rice argued trial counsel ineffective and convictions should be merged as allied offenses | Not addressed on merits: those assignments arise from the non-final CR-2013-09-2670 entry and were dismissed for lack of appellate jurisdiction |
Key Cases Cited
- O'Dell v. State, 45 Ohio St.3d 140 (Ohio 1989) (defendant cannot be punished for exercising the right to trial)
- In re S.J., 106 Ohio St.3d 11 (Ohio 2005) (trial court loses jurisdiction after notice of appeal except to act in aid of the appeal)