State v. GriffinState v. Griffin
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-19-647119-A, CR-20-650595-A, and CR-20-655484-A
Appearances:
Michael C. O‘Malley, Cuyahoga County Prosecuting Attorney, and John D. Kirkland, Assistant Prosecuting Attorney, for appellee.
Timothy Young, Ohio Public Defender, Lauren Hammersmith and Abigail Christopher, Assistant State Public Defenders, for appellant.
{¶ 1} Defendant-appellant Eugene Griffin appeals the trial court‘s imposition of an indefinite sentence in Cuyahoga C.P. Nos. CR-19-647119-A, CR-20-650595-A, and CR-20-655484-A. Griffin raises two assignments of error:
- The trial court committed plain error by imposing an indefinite sentence because Griffin did not plead guilty to a qualifying offense pursuant to
R.C. 2929.144(A) . - Griffin was denied his right to effective assistance of counsel when his counsel failed to object to the imposition of an indefinite sentence because Griffin did not plead guilty to a qualifying offense pursuant to
R.C. 2929.144(A) .
{¶ 2} The state, pursuant to Loc.App.R. 16(B), has conceded Griffin‘s first assignment of error. Finding merit in Griffin‘s first assignment of error, we vacate the sentence and remand for resentencing, which renders Griffin‘s second assignment of error moot.
I. Procedural History
{¶ 1} In December 2019, Griffin was charged in CR-19-647119-A with felonious assault in violation of
{¶ 2} In May 2020,1 Griffin was charged in CR-20-650595 with aggravated robbery in violation of
{¶ 3} In January 2021, Griffin was charged in CR-20-655484-A with assault in violation of
{¶ 4} In April 2021, Griffin entered a negotiated plea. Case Nos. CR-19-647119-A, CR-20-650595-A, and CR-20-655484-A were consolidated.2 Griffin pled
{¶ 5} The trial court accepted Griffin‘s guilty plea and sentenced Griffin to an aggregate of four to five and a half years in prison: In CR-20-650595-A, the trial court sentenced Griffin to three to four and a half years for aggravated robbery and a consecutive one-year firearm specification (Count 1), a concurrent ten months for grand theft (Count 5), and a concurrent two years for having a weapon while under disability (Count 8). The trial court ordered forfeiture of the weapon and nolled all other counts and specifications. In CR-19-647119-A, the trial court sentenced Griffin to six months for assault (Count 1), two years for abduction (Count 2), and ten months for aggravated riot (Count 3). In CR-20-655484-A, the trial court sentenced Griffin to ten months for assault (Count 1) and nolled Count 2. All sentences the trial court imposed in CR-19-647119-A and CR-20-655484-A were to run concurrently with those imposed in CR-20-650595-A. The trial court credited Griffin with 858 days of jail time and waived court costs and fines.
II. Indefinite Sentencing as Plain Error
{¶ 7} A sentencing error renders the sentence voidable. State v. Henderson, 161 Ohio St.3d 285, 2020-Ohio-4784, 162 N.E.3d 776; State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248. A voidable judgment may be set aside if successfully challenged on direct appeal. Harper at ¶ 26, citing State v. Payne, 114 Ohio St.3d 502, 2007-Ohio-4642, 873 N.E.2d 306, ¶ 28.
{¶ 8} When a party fails to object to an error in the trial court, a reviewing court may only notice plain errors or defects affecting substantial rights. Crim.R. 52(B). Payne at ¶ 15. A reviewing court is subject to three limits when correcting plain error:
“First, there must be an error, i.e., a deviation from the legal rule. * * * Second, the error must be plain. To be ‘plain’ within the meaning of CrimR. 52(B), an error must be an ‘obvious’ defect in the trial proceedings. *** Third, the error must have affected ‘substantial rights[,]’ * * * mean[ing] that the trial court‘s error must have affected the outcome of the trial.”
Id. at ¶ 16, quoting State v. Barnes, 94 Ohio St.3d 21, 27, 2002-Ohio-68, 759 N.E.2d 1240. In the context of felony sentencing, an “outcome determinative” error would be a sentence that is clearly and convincingly contrary to law.
{¶ 9} In his first assignment of error, Griffin argues that the trial court committed plain error by imposing an indefinite sentence under the Reagan Tokes Act. Specifically, Griffin argues that he did not plead guilty to a “qualifying offense” pursuant to
{¶ 10} The General Assembly enacted the Reagan Tokes Act in Am.Sub.S.B. No. 201, which went into effect on March 22, 2019. The Reagan Tokes Act applies to “qualifying felonies,” which are felonies “of the first or second degree committed on or after March 22, 2019.”
{¶ 11} None of the offenses to which Griffin pled guilty meets the definition of a “qualifying felony” under
{¶ 12} Because Griffin did not plead guilty to any qualifying felony, the trial court could not impose an indefinite sentence pursuant to
{¶ 13} Because none of the offenses to which Griffin pled guilty was a “qualifying offense” as that term is defined by
{¶ 15} Appellant‘s second assignment of error is moot.
{¶ 16} Judgment vacated and remanded.
It is ordered that appellant recover from appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
MARY J. BOYLE, ADMINISTRATIVE JUDGE
SEAN C. GALLAGHER, J., and
MICHELLE J. SHEEHAN, J., CONCUR