State v. Tribune
2017 Ohio 1407
Ohio Ct. App.2017Background
- George R. Tribune pleaded guilty to two OVI counts (R.C. 4511.19(A)(1)(a) and (h)) with specifications alleging five or more prior OVI convictions under R.C. 2941.1413(A); this was Tribune's twentieth OVI conviction.
- At plea hearing counsel admitted he had not reviewed the state's evidence, discussed potential defenses (including a motion to suppress), and Tribune elected to plead guilty because he believed he committed the offense and wanted to resolve matters quickly.
- The trial court merged the counts and sentenced Tribune to three years for the underlying third‑degree felony OVI (R.C. 4511.19(A)(1)(h)) consecutive to a five‑year mandatory term for the repeat‑offender specification, for a total of eight years.
- Tribune appealed raising three assignments of error: (1) sentence excessive/contrary to law; (2) ineffective assistance of trial counsel (failure to review evidence and failure to file affidavit of indigency to oppose $1,350 mandatory fine); and (3) plea not knowing, intelligent, or voluntary under Crim.R. 11.
- The trial court conducted a Crim.R. 11(C) colloquy; counsel told the court he had not reviewed discovery but had informed Tribune of defenses and an opportunity to withdraw the plea after reviewing evidence would be allowed; Tribune did not withdraw his plea and proceeded to sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — counsel failed to review state's evidence before plea | State argues counsel's failure did not prejudice defendant and plea was voluntary | Tribune says counsel's lack of review denied him effective assistance and affected plea decision | Court: No ineffective assistance — plea was Tribune's informed choice; no reasonable probability he would have gone to trial |
| Ineffective assistance — counsel did not oppose mandatory fine by filing affidavit of indigency | State contends no record showing court would have found Tribune indigent for fine payment | Tribune argues counsel should have filed affidavit and likely would have been found unable to pay the mandatory fine | Court: No ineffective assistance — no evidence a filed affidavit would have induced different ruling on indigency |
| Validity of plea under Crim.R. 11 | State maintains trial court substantially/met constitutional requirements of Crim.R. 11 and plea was knowing, intelligent, voluntary | Tribune contends plea was invalid because neither he nor counsel reviewed the evidence before pleading | Court: Plea valid — colloquy complied with Crim.R. 11; Tribune understood charges, rights waived, and consequences |
| Sentence excessive / contrary to law | State defends sentence as within statutory range and supported by sentencing purposes/recidivism concerns | Tribune argues eight years is unduly harsh, not the worst form of the offense, and he is remorseful and an alcoholic | Court: Sentence affirmed — court considered R.C. 2929.11/2929.12, record supports maximum consecutive terms given extensive OVI history |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1972) (establishes two‑prong ineffective assistance of counsel standard: deficient performance and prejudice)
- State v. South, 144 Ohio St.3d 295 (2015) (addresses sentencing interplay for repeat‑offender specifications and underlying sentences)