State v. Writesel
2017 Ohio 8795
| Ohio Ct. App. | 2017Background
- Shawn Writesel was indicted on two counts of felonious assault and three counts of assault for repeatedly kicking a peace officer while resisting arrest.
- A jury trial was set for January 24, 2017; Writesel requested a continuance on January 12, 2017 to obtain a preliminary-hearing transcript, which the trial court denied.
- Writesel pleaded guilty on January 20, 2017 to one count of attempted felonious assault (3rd-degree felony) and one count of assault (4th-degree felony).
- At sentencing on February 8, 2017 the trial court imposed consecutive terms: 30 months for attempted felonious assault and 12 months for assault (aggregate 42 months).
- Writesel appealed, raising (1) denial of continuance and (2) challenge to imposition of consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of continuance was reversible | State: denial was within trial court discretion | Writesel: request was timely and specific; denial was abuse of discretion | Court: Denial waived by guilty plea; no review of pre-plea nonjurisdictional errors |
| Whether consecutive sentences were lawful | State: trial court complied with R.C. 2929.14(C)(4) findings; sentences warranted | Writesel: trial court failed to make adequate findings to justify consecutive terms | Court: Trial court made required findings at hearing and in entry (one minor discrepancy irrelevant); consecutive sentences affirmed |
Key Cases Cited
- Spates v. State, 64 Ohio St.3d 269 (1992) (guilty plea waives nonjurisdictional pre-plea errors)
- Bonnell v. Ohio, 140 Ohio St.3d 209 (2014) (trial court must make R.C. 2929.14(C)(4) findings at sentencing and in entry)
- Marcum v. Ohio, 146 Ohio St.3d 516 (2016) (standard of review for felony sentences under R.C. 2953.08(G)(2))