STATE OF OHIO v. JOSHUA ROSS BATEMAN
C.A. CASE NO. 2010CA15
T.C. CASE NO. 2010CR19
IN THE COURT OF APPEALS OF CHAMPAIGN COUNTY, OHIO
November 10, 2011
2011-Ohio-5808
Attorney for Plaintiff-Appellee
Jessica R. Moss, Atty. Reg. No. 0085437, 2233 Miamisburg Centerville Road, Dayton, OH 45459
Attorney for Defendant-Appellant
. . . . . . . . .
O P I N I O N
GRADY, P.J.:
{¶ 1} Defendant, Joshua Bateman, entered pleas of guilty to illegal conveyance of drugs of abuse onto the grounds of a detention facility,
{¶ 2} Defendant timely appealed to this court from his conviction and sentence. Defendant’s appellate counsel filed an Anders brief, Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, 19 L.Ed.2D 493, stating that she could find no meritorious issues for appellate review. We notified Defendant of his appellate counsel’s representations and afforded him ample time to file a pro se brief. None has been received. This case is now before us for our independent review of the record. Penson v. Ohio (1988), 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300.
{¶ 3} Defendant’s appellate counsel has identified two possible issues for appeal, the first of which is:
{¶ 4} “1. DID THE TRIAL COURT COMPLY WITH THE REQUIREMENTS OF CRIMINAL RULE 11 IN ACCEPTING THE APPELLANT’S PLEA OF GUILTY TO ONE (1) COUNT OF ILLEGAL CONVEYANCE OF DRUGS OF ABUSE ONTO GROUNDS OF A DETENTION FACILITY, IN VIOLATION OF
{¶ 5} To be constitutionally valid and comport with due process, a guilty plea must be entered knowingly, intelligently, and voluntarily. Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 2d 274. Compliance with
{¶ 6}
{¶ 7} “In felony cases the court may refuse to accept a plea of guilty or a plea of no contest, and shall not accept a plea of guilty or no contest without first addressing the defendant personally and doing all of the following:
{¶ 8} “(a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved, and if applicable, that the defendant is not eligible for probation or for the imposition of community control sanctions at the sentencing hearing.
{¶ 9} “(b) Informing the defendant of and determining that the defendant understands the effect of the plea of guilty or no contest, and that the court, upon acceptance of the plea, may proceed with judgment and sentence.
{¶ 10} “(c) Informing the defendant and determining that the defendant understands that by the plea the defendant is waiving the rights to jury trial, to confront witnesses against him or
{¶ 11} In State v. Russell, Clark App. No. 10CA54, 2011-Ohio-1738, we stated:
{¶ 12} “¶ 7. The Supreme Court of Ohio has urged trial courts to literally comply with
{¶ 13} “¶ 8. However, because
{¶ 14} With respect to the requirement in
{¶ 15} The record of the plea hearing in this case demonstrates that the trial court meticulously complied with both
{¶ 16} “2 DID THE TRIAL COURT ERR IN SENTENCING THE APPELLANT TO ONE (1) YEAR IMPRISONMENT BASED ON HIS CONVICTION FOR ILLEGAL CONVEYANCE OF DRUGS OF ABUSE ONTO GROUNDS OF A DETENTION FACILITY, IN VIOLATION OF
{¶ 17} In State v. Jeffrey Barker, Montgomery App. No. 22779, 2009-Ohio-3511, at ¶ 36-37, we wrote:
{¶ 18} “The trial court has full discretion to impose any sentence within the authorized statutory range, and the court is not required to make any findings or give its reasons for imposing maximum, consecutive, or more than minimum sentences. State v. Foster, 109 Ohio St.3d 1, 845 N.E.2d 470, 2006-Ohio-856, at paragraph 7 of the syllabus. Nevertheless, in exercising its discretion the trial court must consider the statutory policies that apply to every felony offense, including those set out in
{¶ 19} “When reviewing felony sentences, an appellate court must first determine whether the sentencing court complied with all applicable rules and statutes in imposing the sentence, including
{¶ 20} At sentencing, the trial court heard the oral statements of counsel for both parties and Defendant’s statement. The court also informed Defendant about post release control requirements. In its Journal Entry of Conviction and Sentence, the court indicated that it had considered the purposes and principles of felony sentencing,
{¶ 21} Even if there is no specific statement in the record by the trial court that the trial court considered the purposes and principles of felony sentencing,
{¶ 22} With respect to the severity of the sentence, the trial court imposed concurrent one year prison terms on each offense. While that represents the maximum sentence for the fifth degree felony of trafficking in heroin, it also represents the minimum sentence for the third degree felony of illegally conveying drugs of abuse onto the grounds of a detention facility.
{¶ 23} The charges in this case resulted from Defendant bringing heroin into the TriCounty Jail while he was serving weekends-only in that jail for the misdemeanor offense of receiving stolen property. The sentencing court had allowed Defendant to serve his sentence on the weekends so he would not lose his job. Another inmate at that jail asked Defendant to bring in heroin in exchange for one hundred dollars, which Defendant did. Defendant committed the offense in this case while he was serving his sentence for a previous offense.
{¶ 24} Defendant’s criminal history includes a prior conviction
{¶ 25} The overriding purposes of felony sentencing are to protect the public from future crime by the offender and to punish the offender.
{¶ 26} In addition to reviewing the possible issues for appeal raised by Defendant’s appellate counsel, we have conducted an independent review of the trial court’s proceedings and have found no error having arguable merit. Accordingly, Defendant’s appeal is without merit and the judgment of the trial court will be affirmed.
Copies mailed to:
Nick A. Selvaggio, Esq.
Jessica R. Moss, Esq.
Joshua Bateman
Hon. Roger B. Wilson