State v. Rogers
2016 Ohio 1382
Ohio Ct. App.2016Background
- Robert Rogers pled guilty to one count of third-degree felony OVI (R.C. 4511.19(A)(1)(a)) with a forfeiture of his vehicle; a second OVI count was nolled under a plea agreement.
- The indictment included a furthermore clause noting a prior OVI felony conviction, making the offense a repeat third-degree felony.
- The trial court sentenced Rogers to five years’ imprisonment (including a mandatory 60-day term) and three years of postrelease control.
- Rogers appealed, arguing his sentence was contrary to law and that his plea was not knowingly and voluntarily entered because he was not properly advised about community-control ineligibility.
- The State conceded, and the court applied State v. South to conclude the sentencing range for the underlying third-degree OVI is a discretionary definite term of 9, 12, 18, 24, 30, or 36 months in addition to any mandatory specification term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rogers’ sentence was contrary to law under South | State concedes sentence exceeded permissible range for underlying OVI and must follow South | Rogers contends five-year term for underlying OVI is improper; must be resentenced to comply with South | Conviction affirmed; original sentence vacated; remand for resentencing: mandatory 60-day consecutive term plus discretionary 9–36 months for underlying OVI |
| Whether Rogers’ guilty plea was knowing and voluntary (Crim.R. 11) | State argues court substantially complied with Crim.R. 11; Rogers was informed of mandatory term and penalties | Rogers argues trial court failed to advise he was ineligible for community control given mandatory 60-day term, thus plea may be involuntary | Trial court substantially complied with Crim.R. 11; Rogers failed to show prejudice; plea was knowing and voluntary |
Key Cases Cited
- State v. South, 144 Ohio St.3d 295 (Ohio 2015) (interpreting sentencing interplay for third-degree OVI and repeat-offender specification; holding underlying third-degree OVI sentence must be one of specified definite terms 9–36 months)
- State v. Engle, 74 Ohio St.3d 525 (Ohio 1996) (plea must be knowing, intelligent, and voluntary)
- State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (Crim.R. 11 nonconstitutional inquiries reviewed for substantial compliance)
- State v. Clark, 119 Ohio St.3d 239 (Ohio 2008) (defendant claiming Crim.R. 11 error must show prejudice to set aside plea)