STATE OF OHIO, PLAINTIFF-APPELLEE, v. CHAD D. PHILLIPS, DEFENDANT-APPELLANT.
CASE NO. 15-12-02
IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT VAN WERT COUNTY
December 17, 2012
[Cite as State v. Phillips, 2012-Ohio-5950.]
ROGERS, J.
Appeal from Van Wert County Common Pleas Court Trial Court No. CR11-05-071 Judgment Affirmed
Kenneth J. Rexford for Appellant
Eva J. Yarger for Appellee
{¶1} Defendant-Appellant, Chad Phillips, challenges the judgment of the Court of Common Pleas of Van Wert County convicting him of aggravated murder and sentencing him to a term of life imprisonment with the possibility of parole after 30 years. On appeal, Phillips essentially argues that the trial court committed the following reversible errors: (1) sentencing him to a life term with the possibility of parole after 30 years; (2) applying unconstitutional and ambiguous sentencing laws that lack objective standards; and (3) accepting Phillips’ guilty plea, which was not knowing, voluntary, and intelligent. For the reasons that follow, we affirm the trial court‘s judgment.
{¶2} On May 20, 2011, the Van Wert County Grand Jury indicted Phillips on the following four counts: (1) aggravated murder in violation of
{¶3} The indictment arose out of a May 12, 2011 incident in which Phillips fatally shot Christopher McMillen. At the time of the shooting, Phillips’ previous
{¶4} On August 4, 2011, Phillips entered a written plea of not guilty by reason of insanity. He also moved for the court to determine his competency to stand trial. After receiving expert testimony and conducting a competency hearing, the trial court found that Phillips was competent to stand trial on October 21, 2011.
{¶5} On November 10, 2011, Phillips changed his plea to guilty for the aggravated murder count of the indictment. The change of plea was made in conjunction with a negotiated plea agreement in which the State agreed to drop the remaining three counts of the indictment. The trial court conducted an extensive colloquy with Phillips to determine the voluntary and knowing nature of his change of plea. The colloquy started with the following:
THE COURT: Mr. Phillips, before accepting plea I am obligated to ask you some questions to determine if you know and understand the rights that you are giving up, the consequences of a guilty plea and
that you are changing your plea of your own free will. Please state your full and correct name for the record. CHAD D. PHILLIPS: Chad Dewayne Phillips.
THE COURT: How old are you?
CHAD D. PHILLIPS: Thirty-two (32).
THE COURT: And what schooling have you had?
CHAD D. PHILLIPS: Eleventh grade, got my GED.
THE COURT: Do you read, write, and understand the English language?
CHAD D. PHILLIPS: Yes, sir.
THE COURT: The offense to which you are pleading states that no person shall purposely and with prior calculation or design cause the death of another. Have you read the petition to enter the guilty plea?
CHAD D. PHILLIPS: Yes I have, sir.
THE COURT: Did you understand everything in that petition?
CHAD D. PHILLIPS: Yes, I have.
THE COURT: Do you understand the nature of the charge against you?
CHAD D. PHILLIPS: Yes, sir.
THE COURT: Do you understand that a plea of guilty is a complete admission of guilt?
CHAD D. PHILLIPS: Yep.
THE COURT: Do you understand that by pleading guilty you waive, that is, give up your right to have jury or court trial on your plea of
not guilty and not guilty by reason of insanity[?] A trial in which the prosecution must prove your guilt beyond a reasonable doubt; the right to require your accusers to appear before you and confront you with the evidence they have; the right to cross examine accusers and ask them questions that are proper; the right to have the court compel witnesses to appear and testify in your behalf and in your defense; the right to testify if you want to or refuse to testify if you do not want to and your refusal would have no bearing on your guilt or innocence; and the right to appeal the judgment of the trial court should it[s] ruling or verdict be against you[?] Do you waive these rights and your right to jury trial and freely elect to have this court accept your plea of guilty, here and now? CHAD D. PHILLIPS: Yes, sir. Change of Plea Hearing Tr., p. 3-6.
{¶6} After the State presented the facts of the case regarding the aggravated murder count, the colloquy continued as follows:
THE COURT: Is this the offense to which you are pleading guilty?
CHAD D. PHILLIPS: Yes, sir.
THE COURT: Have you discussed the matter of the plea and the present charges fully and completely with your attorneys, Mr. Camera and Mr. Christman?
CHAD D. PHILLIPS: Yes I have, sir.
THE COURT: Are you satisfied with the service and advice of your attorneys up to the present time?
CHAD D. PHILLIPS: Yes.
THE COURT: Do you understand that no one can compel you to plead guilty?
CHAD D. PHILLIPS: Yes, sir.
THE COURT: Are you changing your plea freely and voluntarily?
CHAD D. PHILLIPS: Yes, I am. THE COURT: Do you understand that in the event that I accept your plea the only thing that remains to be is to pass sentence and that includes a sentence of years to a state penal institution[?] In this case that could be a maximum sentence of life imprisonment without parole, or life imprisonment with parole eligibility after serving twenty (20) years of imprisonment; or life imprisonment with parole eligibility after serving twenty-five (25) year full years of imprisonment; or life imprisonment with parole eligibility after serving thirty (30) full years of imprisonment and addition[ally] the Court may impose a maximum fine of twenty-five thousand dollars ($25,000). Do you understand these possible sentences?
CHAD D. PHILLIPS: Yes, sir.
THE COURT: Do you understand that irrespective of any statement made to you by any person regarding the sentence you may receive, the sentence that you do receive is solely a matter within the discretion of the trial court, do you understand that?
CHAD D. PHILLIPS: Yes, sir.
THE COURT: Are you a citizen of the United States?
CHAD D. PHILLIPS: Yes, I am.
THE COURT: Are you presently on probation, parole, post-release supervision or community control for any other offense?
CHAD D. PHILLIPS: No, sir.
THE COURT: Have you been induced to plead guilty by any threats, promises, or offers of reward?
CHAD D. PHILLIPS: No, I haven‘t.
THE COURT: Are you in good health mentally and physically?
CHAD D. PHILLIPS: Yes, sir. THE COURT: Are you under the care of a doctor for any recent accident, illness, or mental disorder?
CHAD D. PHILLIPS: No, sir.
THE COURT: You are taking some kind of medication for some condition. Is there anything about that you have or the medication you are taking, or the treatment that you are receiving that would cause you not to understand the consequences of what you are doing here today?
CHAD D. PHILLIPS: No. Id. at 6-9.
{¶7} The trial court then asked Phillips’ attorneys whether they believed Phillips understood the nature of the proceedings. One of the attorneys responded by stating, “Yes, Your Honor, we have spoken with him and he certainly understands the nature of today‘s proceedings.” Id. at 9. The colloquy then concluded as follows:
THE COURT: Are you pleading guilty, because you are guilty as charged?
CHAD D. PHILLIPS: Yes, sir.
* * *
THE COURT: The Court finds your plea is freely, voluntarily and understandably made and let the record show that the Defendant withdraws his pleas of not guilty and enters a plea of guilty to Count One, Aggravated Murder and unspecified felony as charged in the indictment without the specification. Id. at 9-10.
The Court having considered the information presented at the sentencing hearing and the record and the factors pertaining to the seriousness of the offense and the likelihood [of] recidivism and the factors contained in Revised Code Section 2929.12 and 2929.13(B), the Court now being fully informed of the circumstances surrounding the charge and finding no cause which would preclude the pronouncement of sentence. It is now the sentence of the law and the judgment of this Court that the Defendant be sentenced to a term of life imprisonment with parole eligibility after serving thirty (30) full years which shall be served in the custody of the Director of the Department of Rehabilitation and Correction. Sentencing Hearing Tr., p. 24.
The trial court journalized its sentence on December 16, 2011. The judgment entry repeats that the trial court considered the factors of
{¶9} Phillips filed this timely appeal, presenting the following assignments of error for our review.
AS MR. PHILLIPS WAS NOT ALLEGED TO HAVE COMMITTED HIS CONDUCT WITH ANY AGGRAVATING CIRCUMSTANCE FROM
Assignment of Error No. II
THE OHIO LEGISLATURE VIOLATED THE SEPARATION OF POWERS DOCTRINE BY IMPROPERLY DELEGATING TO THE JUDICIARY THE POWER TO DETERMINE PAROLE ELIGIBILITY WITH NO REASONABLE STANDARDS FOR SO DETERMINING.
Assignment of Error No. III
THE LACK OF STANDARDS FOR DETERMINING PAROLE ELIGIBILITY AT SENTENCING VIOLATED MR. PHILLIPS’ DUE PROCESS RIGHTS.
Assignment of Error No. IV
THE LACK OF STANDARDS FOR DETERMINING PAROLE ELIGIBILITY AT SENTENCING DEPRIVED MR. PHILLIPS OF THE EFFECTIVE ASSISTANCE OF COUNSEL, AS COUNSEL CANNOT ADEQUATELY DEFEND HIS CLIENT IN THE CONTEXT OF A HEARING THAT IS RESOLVED ARBITRARILY.
Assignment of Error No. V
THE LACK OF STANDARDS FOR DETERMINING PAROLE ELIGIBILITY AT SENTENCING RESULTED IN A SENTENCE THAT AMOUNTS TO CRUEL AND UNUSUAL PUNISHMENT, AS RANDOM SENTENCING IS CRUEL AND UNUSUAL.
THE LACK OF STANDARDS FOR DETERMINING PAROLE ELIGIBILITY DEPRIVES THE ACCUSED OF A MEANINGFUL APPEAL OF SENTENCING, AS SENTENCING IMPOSED WITHOUT STANDARDS IS BY LAW RANDOM AND HENCE NOT SUBJECT TO MEANINGFUL APPEAL.
Assignment of Error No. VII
OHIO LAW UNCONSTITUTIONALLY DELEGATES TO THE EXECUTIVE BRANCH THE ABILITY TO DETERMINE SENTENCING RANGE BY ALLEGING OR NOT ALLEGING
Assignment of Error No. VIII
OHIO SENTENCING LAW AMOUNTS TO AN EQUAL PROTECTION VIOLATION, AS A PERSON ALLEGED FALSELY OF AN AGGRAVATING CIRCUMSTANCE FACES A LESSER SENTENCE THAN A PERSON NOT ALLEGED TO HAVE COMMITTED HIS OFFENSE WITH ANY AGGRAVATING CIRCUMSTANCE PRESENT.
Assignment of Error No. IX
THE PLEA IN THIS CASE WAS NOT KNOWING, VOLUNTARY, AND INTELLIGENT, IN VIOLATION OF
Assignment of Error No. X
THE PLEA IN THIS CASE WAS NOT KNOWING, VOLUNTARY, AND INTELLIGENT, IN VIOLATION OF THE OHIO CONSTITUTION AND THE UNITED STATES CONSTITUTION.
THE PLEA IN THIS CASE WAS NOT KNOWING, VOLUNTARY, AND INTELLIGENT, IN VIOLATION OF THE OHIO CONSTITUTION AND THE UNITED STATES CONSTITUTION BECAUSE THE TRIAL COURT DID NOT DISCUSS THE AFFIRMATIVE DEFENSE OF SANITY AT THE TIME OF THE ACT.
Due to the nature of the second, third, fourth, fifth, sixth, seventh, and eighth assignments of error, we elect to address them together. Further, due to the nature of the ninth, tenth, and eleventh assignments of error we elect to address them together.
Assignment of Error No. I
{¶10} In his first assignment of error, Phillips argues that the trial court erroneously handed down a sentence of life imprisonment with the possibility of parole after 30 years. Specifically, he claims that the trial court improperly used
{¶11}
At the sentencing hearing, the panel of judges, if the defendant was tried by a panel of three judges, or the trial judge, if the defendant was tried by jury, shall, when required pursuant to division (A)(2) of this section, first determine if the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt. If the panel of judges or the trial judge determines that the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt or if they do not determine that the specification is proven beyond a reasonable doubt but the defendant at trial was convicted of a specification of any other aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the panel of judges or the trial judge and trial jury shall impose sentence on the offender pursuant to division (D) of section 2929.03 and section 2929.04 of the Revised Code. If the panel of judges or the trial judge does not determine that the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt and the defendant at trial was not convicted of any other specification of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the panel of judges or the trial judge shall terminate the sentencing hearing and impose sentence on the offender as follows:
(1) Subject to division (B)(2) of this section, the panel or judge shall impose a sentence of life imprisonment with parole eligibility after serving twenty years of imprisonment on the offender.
(A) If the indictment or count in the indictment charging aggravated murder does not contain one or more specification of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge
of aggravated murder, the trial court shall impose sentence on the offender as follows: (1) Except as provided in division (A)(2) of this section, the trial court shall impose one of the following sentences on the offender:
(a) Life imprisonment without parole;
(b) Subject to division (A)(1)(e) of this section, life imprisonment with parole eligibility after serving twenty years of imprisonment;
(c) Subject to division (A)(1)(e) of this section, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment; [and]
(d) Subject to division (A)(1)(e) of this section, life imprisonment with parole eligibility after serving thirty full years of imprisonment.
* * *
(C)(1) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge but not guilty of the each of the specifications, and regardless whether the offender raised the matter of age pursuant to section 2929.023 of the Revised Code, the trial court shall imposes sentence on the offender as follows:
(a) Except as provided in division (C)(1)(b) of this section, the trial court shall impose one of the following sentences on the offender:
(i) Life imprisonment without parole;
(ii) Subject to division (C)(1)(a)(v) of this section, life imprisonment with parole eligibility after serving twenty years of imprisonment;
(iii) Subject to division (C)(1)(a)(v) of this section, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment;
(iv) Subject to division (C)(1)(a)(v) of this section, life imprisonment with parole eligibility after serving thirty full years of imprisonment.
{¶12} It is axiomatic that if the language of a statute is plain and unambiguous, and conveys a clear and definite meaning, there is no need for a court to apply further rules of statutory interpretation. State v. Siferd, 151 Ohio App.3d 103, 2002-Ohio-6801, ¶ 33 (3d Dist.). Words and phrases must be read in context and given their usual, normal, and customary meanings.
{¶13} However, where the meaning of a statute is ambiguous, a court may examine legislative history or examine the statute in pari materia to ascertain its meaning. State v. Jackson, 102 Ohio St.3d 380, 2004-Ohio-3206, ¶ 34; State ex rel. Pratt v. Weygandt, 164 Ohio St. 463 (1956), paragraph two of the syllabus. “In determining legislative intent when faced with an ambiguous statute, the court may consider several factors, including the object sought to be obtained, circumstances under which the statute was enacted, the legislative history, and the consequences of a particular construction.” Bailey v. Republic Engineered Steels, Inc., 91 Ohio St.3d 38, 40 (2001). Additionally, “a court cannot pick out one
R.C. 2929.022 and R.C. 2929.03(A)(1)
{¶14} When reviewing the statutes listed above, we find no fatal ambiguity.
{¶15} Here, the State did not allege that Phillips had a previous conviction. Thus, none of the provisions of
{¶16} Even if we were to determine that the two statutes were inconsistent and ambiguous, we would still reach the same result. The legislative history plainly shows that the General Assembly‘s intent in enacting the current version of
In addition to the existing sentence of life imprisonment with parole eligibility after serving 20 years of imprisonment, [the bill] permits the court to impose a sentence of life imprisonment without parole, life imprisonment with parole eligibility after serving 25 full years of imprisonment, or life imprisonment with parole eligibility after serving 30 full years of imprisonment upon an offender who is convicted of or pleads guilty to aggravated murder and who either is not charged with or is charged with but is not convicted of and does not plead guilty to a specification of an aggravating circumstance. LSC Bill Analyses, Sub. H.B. 184 (as passed by the General
Assembly), 2003-2004 LSC Bill Analyses, 125th General Assembly, available at: http://lsc.state.oh.us/analyses/Analysis125.nsf/All%20Bills%20and%20Resolutions/DEF43D854A58F77785256F930062A04C.
In his appellate brief, Phillips even admits that this was the legislative intent behind the current form of
R.C. 2929.022 and R.C. 2929.03(C)(1)
{¶17}
Equal Protection and Due Process
{¶18} Based on our finding that the trial court properly applied
{¶19} In sum,
{¶20} Accordingly, we overrule Phillips’ first assignment of error.
Assignments of Error Nos. II, III, IV, V, VI, VII, & VIII
{¶21} In his second through eighth assignments of error, Phillips again challenges the trial court‘s imposition of parole eligibility after 30 years and bases his challenge on various constitutional grounds. Specifically, he contends that
{¶22} Accordingly, Phillips’ second, third, fourth, fifth, sixth, seventh, and eighth assignments of error are overruled.
Assignments of Error Nos. IX, X, & XI
{¶23} In his ninth, tenth, and eleventh assignments of error, Phillips claims that his change of plea was not knowing, voluntary, and intelligent, as required
Crim.R. 11(C)(2)
{¶24}
(a) Determining that the defendant is making the plea voluntarily with understanding of the nature of the charges and 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.
(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.
(c) Informing the defendant of 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 her, to have compulsory process for obtaining witnesses in the defendant‘s favor, and to require the state to prove the defendant‘s guilt beyond a reasonable doubt at a trial at which the defendant cannot be compelled to testify against himself or herself. Crim.R. 11(C)(2).
The rule is intended to ensure that guilty pleas are entered knowingly, intelligently, and voluntarily. State v. Windle, 4th Dist. No. 03CA16, 2004-Ohio-6827, ¶ 7. ”
{¶25} Our review of a trial court‘s
Eligibility for Probation and Community Control Sanctions
{¶27} State v. Brown, 11th Dist. No. 2003-G-2504, 2004-Ohio-1843, is instructive here. In Brown, the defendant was charged with a first degree felony under
It is well-established * * * that a trial court substantially complies with the requirement of Crim[.]R. 11(C)(2)(a) when the court informs a defendant that a mandatory prison sentence will be imposed and the defendant subjectively understands that his sentence must include prison time. The reasoning is that a defendant who understands that actual incarceration is mandatory necessarily understands that he is ineligible for probation or community control sanctions and, therefore, cannot demonstrate prejudice as a result of the court‘s failure to comply literally with the rule. Id. at ¶ 13.
{¶28} We find the Brown court‘s reasoning to be persuasive and apply it to the factually similar scenario present in this matter. Here, Phillips was charged with aggravated murder under
{¶29} During the plea colloquy, the following exchange occurred between the trial court and Phillips:
THE COURT: Do you understand that in the event that I accept your plea the only thing that remains to be is to pass sentence and that includes a sentence of years to a state penal institution[?] In this case that could be a maximum sentence of life imprisonment without parole, or life imprisonment with parole eligibility after serving twenty (20) years of imprisonment; or life imprisonment with parole eligibility after serving twenty-five (25) year full years of imprisonment; or life imprisonment with parole eligibility after
serving thirty (30) full years of imprisonment and addition[ally] the Court may impose a maximum fine of twenty-five thousand dollars ($25,000). Do you understand these possible sentences? CHAD D. PHILLIPS: Yes, sir. Change of Plea Hearing Tr., p. 7.
This exchange plainly shows that Phillips was aware that his guilty plea necessitated that he serve a term of life imprisonment. Under Brown‘s guidance, Phillips’ knowledge of his mandatory prison term also created an understanding that he was ineligible for community control sanctions. Brown, 2004-Ohio-1843 at ¶ 13; see also State v. Thomas, 8th Dist. No. 94788, 2011-Ohio-214, ¶ 25 (finding no prejudicial error for trial court‘s failure to inform the defendant of community control sanctions because the trial court discussed maximum penalty for offense); State v. Byrd, 178 Ohio App.3d 646, 2008-Ohio-5515, ¶ 30 (2d Dist.) (finding that the trial court does not have to inform the defendant of lack of eligibility for judicial release unless there is a misstatement or misrepresentation that puts the trial court on notice that the defendant does not understand this fact).
{¶30} Since the trial court informed Phillips that he had to serve a life prison term, we find that Phillips was aware that he was ineligible for community control sanctions and probation and that the trial court substantially complied with the dictates of
{¶31} It is well-settled that there is no requirement under
{¶32} However, the Ohio Supreme Court‘s ruling in Reynolds directly contradicts Dickey. In Reynolds, the Court found that trial courts had no duty to inform defendants of the affirmative defenses included in
THE COURT: Do you understand that by pleading guilty you waive, that is, give up your right to have jury or court trial on your plea of not guilty and not guilty by reason of insanity[?]
* * *
CHAD D. PHILLIPS: Yes, sir. Change of Plea Hearing Tr., p. 5.
This exchange displays that Phillips understood that he had entered a plea of not guilty by reason of insanity and that he knowingly, intelligently, and voluntarily withdrew this plea in favor of a guilty plea.
{¶34} Accordingly, Phillips’ ninth, tenth, and eleventh assignments of error are overruled.
{¶35} Having found no error prejudicial to Phillips, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment Affirmed
PRESTON and WILLAMOWSKI, J.J., concur.
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