State v. Solomon
2017 Ohio 1357
| Ohio Ct. App. | 2017Background
- Solomon was indicted for two counts of aggravated robbery and one count of felonious assault after his DNA was identified on a hairbrush found next to a robbery victim who had been shot.
- Police matched the hairbrush DNA to Solomon and viewed surveillance video placing him at the scene; Solomon was arrested at a jail visit.
- Solomon moved to suppress a statement he gave to a detective; the trial court held a hearing and denied the motion.
- After the suppression ruling and a recess, Solomon withdrew his not-guilty plea and pleaded guilty to second-degree felonious assault with one- and three-year firearm specifications; remaining counts were nolled.
- The court merged the firearm specifications and imposed an aggregate prison term of seven years plus three years of mandatory postrelease control.
- Solomon appealed, arguing his guilty plea was not knowing, voluntary, and intelligent because he believed (erroneously) he could still appeal the denial of his suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Solomon's guilty plea was involuntary because he believed he could appeal denial of his suppression motion | State: Plea was valid; defendant voluntarily pleaded guilty after being advised of rights and consequences | Solomon: Counsel’s on-the-record comment preserving a suppression objection indicates a belief he could appeal, so plea was not knowingly made | Court rejected Solomon’s claim; plea was voluntary, knowing, and intelligent |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525, 660 N.E.2d 450 (1996) (defendant misled into believing she could appeal after prosecutor repeatedly referenced an appeal; plea invalidated where record preserved misunderstanding)
