STATE OF OHIO, Plaintiff-Appellee, - vs - DANNY M. GREEN, Defendant-Appellant.
CASE NO. CA2016-09-187
IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY
5/15/2017
[Cite as State v. Green, 2017-Ohio-2800.]
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2013-02-0196
Danny M. Green, #A687591, Chillicothe Correctional Institution, 15802 State Route 104, Chillicothe, Ohio 45601, defendant-appellant, pro se
O P I N I O N
M. POWELL, J.
{¶ 1} Defendant-appellant, Danny M. Green, appeals a decision of the Butler County Court of Common Pleas denying his motion to withdraw his guilty plea.
{¶ 2} Appellant was indicted in March 2013 on five counts of rape, one count of gross sexual imposition, and one count of attempted sexual battery. On April 24, 2013, appellant entered a guilty plea to two amended charges of rape. During a
{¶ 3} Nearly a year after he was sentenced, appellant moved to withdraw his guilty plea pursuant to
{¶ 4} We affirmed the trial court‘s decision, stating, “[As] the record demonstrates that he knowingly, voluntarily, and intelligently entered a guilty plea to amended counts one and six of the indictment, we find no error in the trial court‘s denial of appellant‘s motion to withdraw his guilty plea.” State v. Green, 12th Dist. Butler No. CA2014-12-247, 2015-Ohio-2576, ¶ 27.
{¶ 5} In 2016, appellant once again moved to withdraw his guilty plea pursuant to
{¶ 6} Appellant now appeals, raising one assignment of error:
{¶ 7} THE TRIAL COURT ERRED WHEN IT FAILED TO ADDRESS THE VOIDNESS ARGUMENT AND DENIED APPELLANT‘S MOTION TO WITHDRAW [HIS] GUILTY PLEA.
{¶ 8} Appellant argues that his guilty plea, and therefore his conviction and sentence, are void because the trial court failed to comply with
{¶ 9}
The trial court shall not accept a plea of guilty * * * without first addressing the defendant personally and * * * [d]etermining 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.
{¶ 10} Appellant is correct that his conviction for rape carried a mandatory prison
{¶ 11} The Ohio Supreme Court has held that a sentence is void when a trial court fails to impose a statutorily mandated term of postrelease control, fails to include a mandatory driver‘s license suspension in the offender‘s sentence, and fails to include a mandatory fine in the sentence. State v. Williams, 148 Ohio St.3d 403, 2016-Ohio-7658, ¶ 21. In a recent opinion, the supreme court held that “[n]otwithstanding this court‘s recent exception for sentencing errors, * * * this court has traditionally held that a judgment is void ab initio only when a court acts without subject-matter jurisdiction.” Dunbar v. State, 136 Ohio St.3d 181, 2013-Ohio-2163, ¶ 15. The supreme court then held that a guilty plea is voidable, and not void, when a trial court has subject-matter jurisdiction but errs in the exercise of that jurisdiction. Id. In that case, the appellate court had vacated the defendant‘s guilty plea because during the plea hearing, the trial court had failed to advise the defendant it could deviate from a recommended sentence of community control and impose a prison term. Id.
{¶ 12} Because the error resulted from the trial court‘s failure to comply with the
{¶ 14} Appellant did not file a direct appeal of his conviction and sentence. He filed his first
{¶ 16} Judgment affirmed.
HENDRICKSON, P.J., and RINGLAND, J., concur.