State v. Simmons
2013 Ohio 5026
Ohio Ct. App.2013Background
- Simmons pleaded guilty to attempted felonious assault, failure to comply, and drug possession in CR-565125; RSP in CR-564223.
- Sentenced to an aggregate eight-year prison term with a mandatory three-year postrelease-control term for the felonious assault conviction.
- Court waived all costs and fines at sentencing; no monetary penalties were actually imposed.
- Simmons timely appealed contending Crim.R. 11(C)(2) omissions regarding fines/costs and discretionary postrelease control on the RSP count.
- Appellate court treated issues as challenges to voluntariness of the plea under Crim.R. 11, focusing on whether omissions caused prejudice.
- Court affirmed the conviction, holding no prejudice from the omissions because the sentence was within the informed range and postrelease control was properly imposed on the felonious assault count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Crim.R. 11 satisfied on nonconstitutional rights? | Simmons | State | Yes; substantial compliance supported by lack of prejudice |
| Did omitting fines/court costs affect voluntariness? | Simmons | State | No prejudice; court penalties not imposed, so voluntariness intact |
| Was discretionary postrelease control improperly noted for RSP? | Simmons | State | No error; only mandatory postrelease term applied and properly informed |
Key Cases Cited
- State v. McKissic, 2010-Ohio-62 (8th Dist. Cuyahoga Nos. 92332 and 92333) (postrelease control and minimum-maximum penalties discussed for Crim.R. 11)
- State v. Sarkozy, 117 Ohio St.3d 86 (2008-Ohio-509) (Crim.R. 11(C)(2) nonconstitutional rights analyzed; prejudice standard)
- State v. Flagg, 2010-Ohio-4247 (8th Dist. Cuyahoga Nos. 93248 and 93279) (fines and costs not imposed can still satisfy Crim.R. 11 when no monetary punishment is imposed)
- State v. Simpson, 2007-Ohio-4301 (8th Dist. Cuyahoga No. 88301) (one postrelease-control term allowed; court must not impose multiple terms)