State v. Simpson, 2016 Ohio 7746

Background

Cody R. Simpson was indicted on 11 counts arising from a July 9, 2015 crime spree in Mentor, Ohio: mailbox destruction, multiple burglaries (including occupied homes and a concession stand), safe tampering, theft of drugs, and possessing criminal tools. He was apprehended six days later while leaving a mental-health facility.
Simpson pled guilty pursuant to a plea agreement to seven counts (two misdemeanors for criminal damaging; one breaking-and-entering; three second-degree burglaries; one third-degree burglary); four counts were dismissed.
At the plea colloquy Simpson disclosed diagnoses (paranoid delusions, anxiety, depression, ADHD) and that he had taken several prescription medications within the prior 24 hours; the court questioned him at length and accepted the plea.
At sentencing the court reviewed PSI, victim statements, and a court psychological evaluation; family members and Simpson testified about his mental-health and substance-use history. The state sought 17.5 years; defense sought community control or 4–5 years.
The trial court imposed an aggregate prison term of 16.5 years (consecutive terms on several counts), ordered restitution and forfeiture, and found Simpson not amenable to community control given the nature and circumstances of the offenses.
Simpson appealed, raising (1) plea involuntariness, (2) failure to consider mitigating factors under R.C. 2929.12(C), (3) ineffective assistance of counsel at sentencing, and (4) excessive sentence.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Simpson)	Held
Whether Simpson’s guilty plea was knowing, voluntary, intelligent	Court’s Crim.R.11 colloquy was adequate; Simpson answered questions and appeared to understand proceedings	Plea was involuntary because Simpson was on multiple psychiatric medications and the court did not adequately inquire into their effect	Court rejected plain-error challenge; colloquy was sufficient and plea was voluntary
Whether the court properly considered mitigating factors (R.C. 2929.12) and whether sentence was excessive	Court considered R.C. 2929.11/2929.12 factors, PSI, psychological report, victims’ harm, and risk of recidivism; consecutive terms were supported	Court failed to give adequate weight to Simpson’s mental illness, medications, and substance use as mitigating factors; resulting sentence is excessive/cruel and unusual	Court held sentence not contrary to law; trial court considered statutory factors and consecutive terms were permissible and not disproportionate
Whether counsel was ineffective at sentencing for not introducing evidence about medications and mental illness	Record already contained PSI, psychological evaluation, family statements, and Simpson’s own testimony; no prejudice shown from not introducing additional evidence	Counsel failed to present mitigating expert/evidence regarding medication effects, causing prejudice at sentencing	Court found no reasonable probability of different outcome; ineffective-assistance claim denied

Key Cases Cited

State v. Rogers, 143 Ohio St.3d 385 (2015) (plain-error review under Crim.R. 52(B))
State v. Mink, 101 Ohio St.3d 350 (2004) (additional inquiry required when defendant says he is under influence of drugs/medication at plea)
State v. Barnes, 94 Ohio St.3d 21 (2002) (plain-error doctrine standards)
State v. Griggs, 103 Ohio St.3d 85 (2004) (prejudice test for guilty plea challenges)
Solem v. Helm, 463 U.S. 277 (1983) (proportionality analysis for Eighth Amendment challenges)
Robinson v. California, 370 U.S. 660 (1962) (incorporation note re: Eighth Amendment)
McDougle v. Maxwell, 1 Ohio St.2d 68 (1964) (sentences within statutory range generally not cruel and unusual)
State v. Weitbrecht, 86 Ohio St.3d 368 (1999) (when punishment shocks the sense of justice)
State v. Bradley, 42 Ohio St.3d 136 (1989) (Strickland standard adopted for ineffective assistance in Ohio)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance two-prong test)