State v. White
2021 Ohio 987
Ohio Ct. App.2021Background
- Kenneth White was indicted for gross sexual imposition involving a nine‑year‑old; he pleaded guilty to an amended charge of child endangering (R.C. 2919.22(B)(2)), a third‑degree felony.
- As part of the plea agreement, the state agreed to recommend community‑control sanctions (including six months local incarceration); the trial court accepted the plea and ordered a presentence investigation (PSI).
- At sentencing the state summarized facts (largely drawn from the PSI); the trial court rejected the state’s recommendation and imposed the statutory maximum of 36 months imprisonment and three years mandatory postrelease control.
- White appealed, raising two assignments of error: (1) the trial court erred by imposing the maximum sentence, and (2) his guilty plea was not voluntary because he said he would "not contest" the facts rather than expressly admitting them.
- The trial court explained it considered R.C. 2929.11 and 2929.12, found the offense among the most serious (victim injury, victim age, relationship), found a high recidivism risk (on community control when offense occurred, prior delinquency and convictions, prior incarceration), and concluded White was not amenable to community control.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (White) | Held |
|---|---|---|---|
| Whether imposing the statutory maximum (36 months) was erroneous | Sentence is within statutory range; court considered R.C. 2929.11/2929.12 and postrelease control | Court failed to follow sentencing statutes; prosecutor undermined plea deal and inflamed court to impose prison | Affirmed — sentence not clearly and convincingly contrary to law; court considered required factors and articulated reasons for maximum |
| Whether White's guilty plea was voluntary | Plea was voluntary after proper Crim.R. 11 advisements; White admitted guilt and did not claim actual innocence or prejudice | Plea involuntary because White refused to admit the specific factual allegations, saying he would only "not contest" them and later denied in PSI | Affirmed — plea voluntary; court advised properly, White admitted guilt and failed to show he would not otherwise have pleaded |
Key Cases Cited
- State v. Clinton, 153 Ohio St.3d 422, 108 N.E.3d 1 (Ohio 2017) (consideration of sentencing factors presumed even on a silent record)
- State v. Cyrus, 63 Ohio St.3d 164, 586 N.E.2d 94 (Ohio 1992) (appellate court may not reweigh sentencing factors)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (guilty plea must represent a voluntary and intelligent choice)
- State v. Gordon, 149 Ohio App.3d 237, 776 N.E.2d 1135 (1st Dist. 2002) (defendant challenging voluntariness must show he would not otherwise have pleaded)