State v. Strong, 2018 Ohio 5289

Appellant Thomas Strong was indicted in two Lucas County cases: one for receiving stolen property and improperly handling a firearm (CR0201702510) and another for failure to comply with a police signal plus related counts (CR0201702776).
On January 28, 2018, Strong pled guilty to one count of receiving stolen property (felony 4th) and one count of failure to comply with an order or signal of a police officer (felony 3rd); remaining counts were to be dismissed at sentencing.
At sentencing (Feb. 7, 2018), the trial court imposed 12 months for receiving stolen property and 24 months for failure to comply, to run consecutively; judgments were journalized Feb. 8, 2018.
Strong appealed, raising two assignments of error: (1) the trial court failed to assess R.C. 2921.331(C)(5)(b) factors because the factual basis was not read into the record; and (2) the court could not find the elements of R.C. 2921.331(C)(5)(a) because the facts were not read into the record.
The presentence investigation (PSI) contained a detailed factual account of a high-speed flight from officers, lights/siren usage, the vehicle slowing allowing Strong to exit while moving, a foot pursuit, concealment under a truck, and forcible removal; the court stated it reviewed the PSI at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court failed to properly consider R.C. 2921.331(C)(5)(b) sentencing factors because the facts were not read into the record	State: court properly sentenced; Strong pled guilty and court had PSI containing facts	Strong: lacking factual basis on the record prevented proper consideration of statutory pursuit factors	Affirmed: plea waived challenge to factual basis; court had PSI facts and was not required to recite those factors on the record
Whether the court could find R.C. 2921.331(C)(5)(a) elements (proximate cause or substantial risk of serious physical harm) absent facts read into the record	State: plea admitted guilt to the statutory offense and PSI provided facts	Strong: without facts read into the record the court could not find (a)(i) or (ii) applied	Affirmed: plea is admission of material facts; PSI provided facts; court need not recite specific findings on the record

Craig v. State, 49 Ohio St. 415 (1892) (guilty plea is admission of every material fact in the indictment and dispenses with proving them)
State v. Post, 32 Ohio St.3d 380 (1987) (Crim.R.11 does not require trial court to establish a factual basis for a plea before acceptance)