State v. JacksonState v. Jackson
{¶1} Defendant-appellant, Orlando Jackson, appeals from his guilty plea and sentencing. He contends in one assignment of error: “The trial court erred in accepting Orlando Jackson‘s guilty plea and in sentencing.”1 For the following reasons, we affirm his guilty plea and the trial court‘s sentence.
Substantive Facts and Procedural History
{¶2} On May 9, 2013, Jackson pleaded guilty to an amended indictment to one count of felonious assault, a second-degree felony, in violation of
{¶3} This case arises out of events that occurred on March 22, 2013, following a motor vehicle accident between Jackson and Lyons. The victim, Brandon C. Lyons, testified at the sentencing that immediately following “a small fender bender,” there was an exchange of words, and then Jackson stabbed him within centimeters of his heart. Lyons required open heart surgery to repair the wound and will live with a permanent scar from his thorax to his abdomen. At the time of the accident, Lyons was employed and attending college. Lyons‘s mother testified that her son had automobile insurance at the time of the accident and he had informed Jackson prior to being stabbed
{¶4} The trial court sentenced Jackson to the maximum eight years in prison. The court further advised Jackson that he would be subject to a mandatory term of three years postrelease control upon his release from prison.
Guilty Plea
{¶5} Jackson contends that his plea was not knowing, intelligent, or voluntary because he was not accurately informed of the maximum penalty.
{¶6} An appellate court reviews de novo whether the trial court accepted a plea in compliance with
Crim.R. 11(C) governs the process by which a trial court must inform a defendant of certain constitutional and nonconstitutional rights before accepting a felony plea of guilty or no contest. The underlying purpose ofCrim.R. 11(C) is to convey certain information to a defendant so that he can make a voluntary and intelligent decision regarding whether to plead guilty. (Citation omitted.) Id. at ¶ 5.
{¶7} Under
{¶8} Strict compliance is required if the appellant raises a violation of a constitutional right delineated in
{¶9} When the appellant raises a violation of a nonconstitutional right found in
{¶11} Here, we find that the trial court substantially complied with
{¶12} Thereafter, the trial judge proceeded to conduct a thorough colloquy under
{¶13} Based on the foregoing, we find that the trial court conducted a detailed and thorough plea colloquy prior to accepting Jackson‘s plea, and the totality of the circumstances indicates that Jackson subjectively understood the implication of his guilty plea and the potential penalties he could receive as a result of his plea. Moreover, Jackson has failed to demonstrate that the plea would have otherwise been made.
{¶14} We therefore find the trial court did not err in accepting Jackson‘s plea.
Maximum Sentence
{¶15} Jackson also contends that the trial court erred in sentencing him to the maximum of eight years.
{¶16} We do not review felony sentences under an abuse-of-discretion standard. State v. Kopilchak, 8th Dist. Cuyahoga No. 98984, 2013-Ohio-5016, ¶ 10, citing
{¶17} A trial court is no longer required to make any specific findings or delineate reasons in support of the imposition of maximum sentences. State v. Calliens, 8th Dist. Cuyahoga No. 97034, 2012-Ohio-703, ¶ 28; State v. Rose, 12th Dist. Butler No. CA2011-11-214, 2012-Ohio-5607, ¶ 82. We must therefore determine if Jackson‘s sentence was otherwise contrary to law.
{¶18} A sentence is not clearly and convincingly contrary to law “where the trial court considers the purposes and principles of sentencing under
{¶19}
[t]he overriding purposes of felony sentencing are to protect the public from future crime by the offender and others and to punish the offender using the minimum sanctions that the court determines accomplish those purposes
without imposing an unnecessary burden on state or local government resources.
Under
{¶20} We note that while the court must consider the principles and purposes outlined above, it is not required to use particular language or engage in any specific findings of its consideration of these factors under
{¶21} We find in this case that the record reflects that the trial court explained the purposes and principles of felony sentencing. In doing so, the court stated that it first
{¶22} The trial court then considered the impact of Jackson‘s actions on the victim. It found that Lyons suffered serious physical, economic, and psychological harm as a result of the assault. The court stated that none of the less serious factors apply and Jackson has not responded favorably to sanctions previously imposed in adult and juvenile court. The trial court therefore found that recidivism was more likely, because “the serious factors * * * outweigh the less serious factors.” Finally, in closing, the court stated that a maximum sentence was proper:
[B]ased upon the seriousness and recidivism factors,
the seriousness of the injury here,
the circumstances of the case, and
the totality of the circumstances
[, ]a minimum sentence is notwarranted in this matter and, in fact, the court believes that, based upon the factors and circumstances of this matter, that a maximum sentence is warranted * * *.
{¶23} In light of the foregoing, we find that the record does not demonstrate that a maximum sentence of eight years is clearly and convincingly contrary to law. Jackson‘s assignment of error as it relates to his guilty plea and his sentence of eight years is therefore overruled.
{¶24} Judgment affirmed.
It is ordered that appellee recover of appellant 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. The defendant‘s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
TIM McCORMACK, JUDGE
PATRICIA ANN BLACKMON, P.J., and MELODY J. STEWART, J., CONCUR