State v. Smith, 2025 Ohio 1327

Michael L. Smith pled guilty in June 2020 to two counts of first-degree felony rape and two counts of illegal use of a minor in nudity-oriented material.
The trial court sentenced Smith to consecutive terms of 25 years to life for the rape charges, totaling 50 years to life, and concurrent, lesser terms for the other charges.
Smith was also designated a Tier III sex offender with registering obligations if released.
Over four years after his sentencing, Smith moved to withdraw his guilty plea and sought a transcript of his plea and sentencing hearing at state expense.
The trial court denied both motions, prompting Smith’s appeal.

Issue	Smith's Argument	State's Argument	Held
Denial of free transcript for plea hearing	Should be provided now, even post-conviction and post-appeal period.	Appellant failed to timely request after sentencing.	No abuse of discretion; transcript not required years later.
Guilty plea was not knowing, intelligent, voluntary	Was misinformed about mandatory consecutive sentencing under law.	Law did not mandate consecutive sentences in this case.	No misstatement of law; plea was properly informed.
Ineffective assistance of counsel	Lawyer failed to fully advise of sentencing consequences.	No error—consecutive sentences were not mandatory.	No ineffective assistance; claim lacks merit.
Failure to inform of sex offender registration	Not told of registration duties at plea hearing.	Judgment entry shows notice was given.	No manifest injustice; burden was on Smith to provide record.

Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (burden on appellant to ensure record for review)
State ex rel. Call v. Zimmers, 85 Ohio St.3d 367 (indigent defendants entitled to one free transcript for direct appeal)
State v. Jones, 71 Ohio St.3d 293 (defendants bear consequences of nonproduction of appellate record)
State v. Engle, 74 Ohio St.3d 525 (plea must be knowingly, intelligently, and voluntarily made)