State of Ohio v. Jack David Hall
Court of Appeals No. L-22-1173
IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY
April 14, 2023
2023-Ohio-1229
Trial Court No. CR0202201298
Decided: April 14, 2023
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Juliа R. Bates, Lucas County Prosecuting Attorney, and Khaled Elwardany, Assistant Prosecuting Attorney, for appellee.
Laurel A. Kendall, for appellant.
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SULEK, J.
{¶ 1} Appellant, Jack Dаvid Hall, appeals the July 1, 2022 judgment of the Lucas County Court of Common Pleas which, following Hall’s guilty plea to one count of aggravated robbery, sentenced him to an indefinite prison term of five to seven and one-half years. Hall maintains the trial court did not ensure he understood the maximum
I. Relevant Background
{¶ 2} On Fеbruary 3, 2022, Hall was granted judicial release from an 11-month prison term imposed following his guilty pleas to two, fifth-degree felony breaking аnd entering charges. On February 15, 2022, Hall was arrested on a charge that he robbed a McDonald’s of $161 by threatening an employee and alluding that he had a gun. At the time, Hall was on community control for a prior robbery conviction and multiple nonviolent felony сonvictions.
{¶ 3} On February 24, 2022, the state filed an indictment charging Hall with aggravated robbery with a RVO specification. On June 14, 2022, in exchange for his guilty plea to aggravated robbery, the state agreed to dismiss the RVO specification at sentencing. This agreement was set forth on the record and is evidenced in the June 15, 2022 written plea form.
{¶ 4} Prior to accepting Hall’s guilty plea, the trial court first ascertаined that he was not under the influence or alcohol or drugs, could read, write and understand English, and that he was a United States citizen. The court then explained the maximum
{¶ 5} At Hall’s June 30, 2022 sentencing hearing, the state requested that the RVO specification be dismissed pursuant to the plea agreement. The trial court’s July 1, 2022 sentencing judgment entry reflects the dismissed RVO specification. This apрeal followed.
II. Assignment of Error
{¶ 6} Hall asserts the following assignment of error:
I. Appellant’s plea was not knowingly, voluntarily and intelligently made because the court improperly failed to explain the repeat violent offender specification with which he was charged at the time his plea was accepted pursuant to
Crim.R. 11 .
{¶ 7} In Hall’s assignment of error, he contends that the trial court’s failure to inform him during the plea hearing of the рotential implications of the RVO specification constitutes a “complete failure” of the court to comply with
{¶ 8} It is well-settled that a guilty plea must be made knowingly, intelligently, and voluntarily to be valid under the United States and Ohio Constitutions. State v. Whitman, 2021-Ohio-4510, 182 N.E.3d 506, ¶ 14 (6th Dist.), citing Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. Engle, 74 Ohio St.3d 525, 527, 660 N.E.2d 450 (1996). To ensure the validity of a plea, a trial court is required to “‘engage a defendant in a plea colloquy pursuant to
{¶ 9} At issue is the trial court’s compliance with
(C)(2) In felony cases the court may refuse to accept a plea of guilty or a plea of no contest, and shall not accept a plеa of guilty or no contest without first addressing the defendant personally and doing all of the following:
(a) Determining that the defendant is making thе 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.
(Emphasis added.)
{¶ 10} Pursuant to
{¶ 11} Absent two exceptions, a defendant must affirmatively show prejudice from a trial court’s failure to address certain rights in accordance with
{¶ 12} Further, when a trial court fails to fully cover other “nonconstitutional” aspects of the plea colloquy, a defendant must affirmatively demonstrate prejudice to invalidate a plea unless a trial court completely fails to comply with a portion of
{¶ 13} Relying on Rogers at ¶ 12-13, Hall contends that the trial cоurt completely failed to comply with
{¶ 14} Hall’s reliance on Rogers is misplaced. There, the court of appeals held that the trial court completely failed to comply with
{¶ 15} Under the facts of this case, however, Hall agreed to plead guilty to aggravated robbery in еxchange for the state’s dismissal of the RVO specification. Hall, therefore, only sought to resolve the aggravated robbery charge at the plea hearing, and the trial court properly informed him of the maximum penalty for that charge prior to аccepting his plea.
IV. Conclusion
{¶ 16} Upon due consideration, the July 1, 2022 judgment of the Lucas County Court of Common Pleas is affirmed. Pursuant to App.R. 24, Hall is ordered to pay the costs of this appeal.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.
Thomas J. Osowik, J.
JUDGE
Christine E. Mayle, J.
JUDGE
Charles E. Sulek, J.
CONCUR.
JUDGE
This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/.