State v. WilsonState v. Wilson
SCHAFER, Presiding Judge.
{¶1} Defendant-Appellant, Dereece Wilson appeals his conviction for involuntary manslaughter in the Summit County Court of Common Pleas. We affirm.
I.
{¶2} Wilson’s charges stem from his sale of fentanyl to J.E., who died as a result of an overdose from using those drugs. Consequently, the Summit County Grand Jury indicted Wilson on one count of aggravated trafficking in drugs in violation of
{¶3} Pursuant to a plea agreement, Wilson ultimately pleaded guilty to the charges of involuntary manslaughter and aggravated possession of drugs and the remaining charges were dismissed. In exchange for Wilson’s plea, the prosecutor agreed to recommend a sentence of not more than six years. The trial court accepted the guilty plea after conducting a
{¶4} Wilson filed this timely appeal, raising one assignment of error for our review.
II.
Assignment of Error
[Wilson]’s guilty plea to involuntary manslaughter was not made knowingly, intelligently, and voluntarily.
{¶5} In his sole assignment of error, Wilson contends that his guilty plea to involuntary manslaughter was not made knowingly, intelligently, and voluntarily because although the trial court informed him of the maximum sentences that could be imposed, the court did not inform him that it was not bound to impose the terms agreed upon by the plea agreement. We disagree.
{¶6} “When a defendant enters a plea in a criminal case, the plea must be made knowingly, intelligently, and voluntarily.” State v. Engle, 74 Ohio St.3d 525, 527 (1996). In order to ensure that a plea conforms to these high standards, a trial court must engage a defendant in a colloquy as described in
When the trial judge does not substantially comply with
Crim.R. 11 in regard to a nonconstitutional right, reviewing courts must determine whether the trial court partially complied or failed to comply with the rule. If the trial judge partially complied, * * * the plea may be vacated only if the defendant demonstrates a prejudicial effect. The test for prejudice is whether the plea would have otherwise been made. If the trial judge completely failed to comply with the rule, * * * the plea must be vacated. A complete failure to comply with the rule does not implicate an analysis of prejudice.
(Internal quotations, citations, and emphasis omitted.) Clark at ¶ 32. “A defendant may seek to vacate his guilty plea either by filing a motion to withdraw the plea in the trial court or upon direct appeal.” State v. Aguilar, 9th Dist. Wayne No. 10CA0051, 2011-Ohio-6008, ¶ 8.
{¶7}
THE COURT: Mr. Wilson do you understand that as part of the plea negotiations there will be no agreement as to sentencing? The plea agreement is that you are
going to plead guilty to certain charges but we’re going postpone sentencing until a later date, and we’ll order the preparation of a pre-sentence investigation report. And then at the day of sentencing the [c]ourt will sentence based on what’s in the pre-sentence report, what you and your lawyer have to say, and what the prosecutor has to say. Do you understand that? THE DEFENDANT: Yes.
THE COURT: So you understand that there’s no agreement as the sentencing at this point?
THE DEFENDANT: Yes.
{¶8} Accordingly, Wilson’s assignment of error is overruled.
III.
{¶9} Wilson’s assignment of error is overruled. The judgment of the Summit County Court of Common Pleas is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run.
Costs taxed to Appellant.
JULIE A. SCHAFER
FOR THE COURT
HENSAL, J.
TEODOSIO, J.
CONCUR.
APPEARANCES:
NICHOLAS SWYRYDENKO, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.