State v. Wild
2012 Ohio 4724
Ohio Ct. App.2012Background
- Wild pleaded guilty to a single count of gross sexual imposition, a fourth-degree felony, under a plea agreement.
- The victim was Wild’s cousin; the offense occurred in July 2011 in Cleveland after her father’s death.
- The trial court sentenced Wild to the maximum 18 months’ imprisonment, after considering the PSI and a victim impact statement.
- Wild had prior domestic violence (an offense of violence) within two years of the underlying offense; he had a history of drinking problems.
- Wild’s counsel objected at sentencing to the court’s reliance on the victim impact statement and to the failure to review it beforehand.
- Wild appeals on three grounds: (1) maximum sentence for a fourth-degree felony; (2) reliance on victim impact statement; (3) inadequacy of informing him about the length of sex-offender registration requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Maximum sentence for fourth-degree felony. | Wild argues RC 2929.13(B)(1) required a community control sanction. | Wild contends the court illegally imposed maximum prison time. | Maximum sentence supported by record; not reversible. |
| Consideration of the victim impact statement at sentencing. | State argues statute requires considering the victim impact statement. | Wild claims the court relied on false or improper statements in the impact letter. | Court properly considered the victim impact statement; no shown falsities. |
| Adequacy of Crim.R. 11 advisement for guilty plea regarding sex-offender reporting. | N/A | Failure to inform of 15-year Tier I reporting period undermines validity of the plea. | Plea valid; substantial compliance with Crim.R. 11(C)(2)(a); no prejudice shown. |
Key Cases Cited
- State v. Elson, 2012-Ohio-2842 (3d Dist. No. 12-11-11 (2012)) (sentence review under R.C. 2953.08(G)(2))
- State v. Nero, 56 Ohio St.3d 106 (1990) (Crim.R. 11 collateral considerations; prejudice analysis)
- State v. Stewart, 364 N.E.2d 1163 (Ohio Supreme Court 1977) (prejudice and substantial compliance in plea)
- State v. Williams, 2011-Ohio-6231 (10th Dist. No. 10AP-1135 (2011)) (Crim.R. 11 substantial compliance; prejudice standard)
- State v. Creed, 2012-Ohio-2627 (8th Dist. No. 97317 (2012)) (SB 10 punitive regime; reporting requirements as penalty)