State v. Swift
2016 Ohio 8203
| Ohio Ct. App. | 2016Background
- Dennis Swift was indicted by a Lorain County grand jury on aggravated burglary, aggravated robbery, kidnapping, felonious assault, and having weapons while under disability; he pleaded not guilty and was tried by jury.
- The jury convicted Swift on all counts and the trial court sentenced him to a total of 12 years' imprisonment.
- Swift raised two appellate assignments of error: (1) that the trial court retaliated against him for exercising his right to a jury trial by increasing his sentence after he declined a plea offer; and (2) that defense counsel was ineffective for failing to move to dismiss after an untimely preliminary hearing.
- At sentencing the trial court discussed plea negotiations and observed that going to trial can result in more or less punishment depending on evidence; it also noted Swift declined an eight-year plea offer.
- Swift did not receive a preliminary hearing within the statutory period but was indicted shortly thereafter; he argued counsel should have moved to dismiss based on the untimely preliminary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court punished Swift for exercising his jury-trial right by increasing sentence after he rejected a plea | Swift: trial court comments and mention of rejected plea show sentence increased for going to trial | State: whole transcript shows court merely explained risks of trial; no evidence sentence was increased for rejecting plea | Court: No inference of punishment; statements explained trial risk; assignment overruled |
| Whether counsel was ineffective for not moving to dismiss after untimely preliminary hearing | Swift: counsel deficient for failing to move to dismiss, violating Strickland | State: indictment cured preliminary-hearing defect; any dismissal would be without prejudice and not alter outcome | Court: No prejudice shown; indictment extinguished right to preliminary hearing; assignment overruled |
Key Cases Cited
- State v. O'Dell, 45 Ohio St.3d 140 (recognizing a defendant cannot be punished for exercising right to a jury trial)
- State v. Morris, 42 Ohio St.2d 307 (once an indictment is returned, a preliminary hearing is no longer necessary)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (prejudice standard under Strickland applied in Ohio)
- State v. Wigglesworth, 18 Ohio St.2d 171 (preliminary hearing unnecessary after indictment)
- State v. Chapman, 190 Ohio App.3d 528 (trial court must avoid appearance of increasing sentence for going to trial)