State v. Walz
2012 Ohio 4627
Ohio Ct. App.2012Background
- Walz was indicted on two counts felonious assault, one count vandalism, and one count failure to comply; he pled not guilty then guilty to all counts.
- Walz moved to vacate his plea, arguing ineffective assistance of counsel and lack of full disclosure of plea consequences.
- A hearing on the motion to vacate occurred; the court overruled the motion and Walz was sentenced to concurrent and consecutive terms totaling eight years.
- On direct appeal, Walz challenged the knowing, voluntary, and intelligent nature of his pleas and the denial of his motion to vacate; this court affirmed in Walz I.
- Walz filed a reopened appeal under App. R. 26(B); the panel limited review to issues raised in the reopening application.
- The court ultimately sustained Walz's first and third assignments of error, reversed Counts II and IV, and remanded for further proceedings; noted harmless error on the IPP/shock issue and remanded to correct the judgment entry regarding transitional control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were Walz's guilty pleas knowing, intelligent, and voluntary? | Walz argues lack of oral/form notice on license suspension. | Walz contends counsel failed to disclose consequences; court failed Crim.R. 11(C). | Plea colloquy deficient; Counts II and IV reversed and remanded. |
| Did the trial court err by disapproving IPP/shock without required findings? | Court erred in not making statutory findings under R.C. 2929.14. | Walz not eligible for IPP/shock as first-degree felon; error harmless. | Harmless as to IPP/shock; but remanded for judgment-entry corrections. |
| Was the disapproval of Walz's transitional control proper? | Disapproval appropriate under sentencing entry. | Premature disapproval in judgment entry. | Disapproval premature; remand to correct judgment entry. |
| Did appellate counsel provide ineffective assistance by not raising license-suspension deficiencies? | Failure to argue missing license suspensions prejudiced Walz. | Counsel's strategy reasonable; post-facto considerations. | Reversed Counts II and IV for ineffective assistance on appeal. |
Key Cases Cited
- State v. Nero, 56 Ohio St.3d 106 (1990) (substantial compliance suffices for non-constitutional rights)
- State v. Hatfield, 2d Dist. Champaign No. 2006 CA 16 (2006) (journal-entry controls; court speaks through its orders)
- State v. Greene, 2d Dist. Greene No. 2005 CA 26 (2006) (lifetime license suspension prejudices plea validity)
- State v. Howard, 190 Ohio App.3d 734 (2010) (finding requirements for disapproval of program placements)
- State v. DeWitt, 2012-Ohio-635 (2012) (remedies for improper judgment-entry disapproval of transitional control)
- State v. Harris, 132 Ohio St.3d 318 (2012) (mandated license suspension is a statutorily imposed term; affects sentencing)
- Walz v. State, 2011-Ohio-1270 (2011) (earlier direct appeal affirmance; context for reopening appeal)