State v. Treece, 2022 Ohio 1610

Dennis Treece was indicted for two counts of aggravated arson (harm to person) and one count of aggravated arson (occupied structure) for a fire at his mother’s home; one count was dismissed as part of a plea deal.
On August 25, 2021, Treece pled guilty to one first-degree aggravated arson (harm to person) and one second-degree aggravated arson (occupied structure).
On September 15, 2021, the trial court imposed concurrent terms: an indefinite 5 to 7.5 years for the first-degree offense and five years for the second-degree offense (aggregate 5 to 7.5 years).
Appellate counsel filed an Anders brief asserting no non-frivolous issues; counsel identified two potential issues: (1) ineffective assistance for failing to file a suppression motion, and (2) alleged sentencing guideline errors regarding community-control violations.
The court reviewed the record, concluded the plea waived non-jurisdictional pre-plea claims (including the suppression claim) and found no reasonable probability a suppression motion would have succeeded; it also found the court properly advised Treece about community-control consequences.
The trial court initially misstated that Treece had to register with the violent-offender database, but the sentencing judge corrected this to the arson database; Treece declined to withdraw his pleas. The appellate court affirmed and permitted counsel to withdraw.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for failing to file a motion to suppress	State: No prejudice; plea waived pre-plea claims; no record that suppression would have been granted	Treece: Counsel was deficient for not filing a suppression motion	Waived by guilty plea; no showing a suppression motion would likely succeed; claim meritless
Trial court compliance with sentencing guidelines for community-control violations	State: Court correctly advised maximum exposure and there was no promise of community control	Treece: Court erred in advising/applying community-control sentencing guidance	Court correctly informed Treece of potential consequences; no error
Misstatement about registration database at plea hearing	State: Error was corrected at sentencing; defendant was informed of arson registration and affirmed plea	Treece: Misadvice could have rendered plea unknowing/invalid	Correction at sentencing and defendant’s express decision not to withdraw made the error non-prejudicial

Strickland v. Washington, 466 U.S. 668 (establishes two-pronged test for ineffective assistance of counsel)
Bradley, State v., 42 Ohio St.3d 136 (adopts Strickland standard in Ohio)
Anders v. California, 386 U.S. 738 (procedure for appellate counsel who finds appeal frivolous)
Penson v. Ohio, 488 U.S. 75 (appellate court’s independent review when counsel files an Anders brief)
Madrigal, State v., 87 Ohio St.3d 378 (failure to file suppression motion not per se ineffective assistance)
Nields, State v., 93 Ohio St.3d 6 (prejudice shown when there is reasonable probability a suppression motion would have been granted)
Spates, State v., 64 Ohio St.3d 269 (guilty plea waives certain claims except those affecting voluntariness)