2018 Ohio 2498
Ohio Ct. App.2018Background
- Defendant Dereece Wilson sold fentanyl to J.E.; J.E. died of an overdose.
- Grand jury indicted Wilson on multiple drug and homicide counts, including involuntary manslaughter.
- Wilson pleaded guilty pursuant to a plea agreement to involuntary manslaughter and aggravated possession; other counts were dismissed.
- Prosecutor agreed to recommend a sentence not more than six years; the court conducted a Crim.R. 11 colloquy and ordered a PSI.
- At sentencing the trial court imposed nine years on the manslaughter count and one year on possession, concurrent. Wilson appealed, claiming his plea was not knowing, intelligent, and voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wilson's guilty plea was knowingly, intelligently, and voluntarily entered under Crim.R. 11 when the court failed to tell him it was not bound by the prosecutor's sentencing recommendation | State: The plea was valid; the court complied with Crim.R. 11 and conveyed necessary information | Wilson: He was not informed the court could reject the plea recommendation and therefore believed the recommended sentence was the maximum the court could impose | Court affirmed: record shows the trial judge explicitly told Wilson there was no agreement as to sentencing; plea was knowing, intelligent, and voluntary |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525 (1996) (guilty pleas must be made knowingly, intelligently, and voluntarily)
- State v. Clark, 119 Ohio St.3d 239 (2008) (Crim.R. 11 literal compliance urged; multi-tiered analysis if not strictly complied with)