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State v. Kemp

Court of Appeals of Ohio, Second District

January 16, 2004

STATE OF OHIO Plaintiff-Appellee.
v.
DEJUAN KEMP Defendant-Appellant.

Criminal Appeal from Common Pleas Court T.C. CASE NO. 02CR0766

Stephen A. Schumaker, Pros. Attorney; Andrew P. Pickering, Asst. Pros. Attorney, Atty. Reg. No. 0068770 Attorney for Plaintiff-Appellee

Jon Paul Rion, Atty. Reg. No. 0067020 Attorney for Defendant-Appellant.

OPINION

GRADY, J.

{¶1} Defendant, Dejuan Kemp, appeals from his convictions for Involuntary Manslaughter, R.C. 2903.04, and Aggravated Robbery, R.C. 2911.01, both first degree felonies, which were entered on his pleas of guilty. The trial court sentenced Defendant to an eight-year term of incarceration for each offense, the two terms to be served consecutively, for a total of sixteen years.

{¶2} Defendant argues on appeal that his guilty pleas were not knowing, intelligent, and voluntary. Those due process standards must be satisfied to support the waiver of constitutional rights on which a plea of guilty or no contest is predicated. To meet that requirement, the record must affirmatively demonstrate that the defendant acted with sufficient awareness of the relevant circumstances and likely consequences of the guilty plea. Brady v. United States (1970), 397 U.S. 742, 748, 90 S.Ct. 1463, 25 L.Ed.2d 747.

{¶3} Kemp was one of three co-defendants who were similarly charged in a five-count indictment. It appears that they, along with a fourth man, had attempted a robbery, and that the robbery victim fired a shot that killed the fourth man. All three co-defendants appeared before the court on March 17, 2003, to enter guilty pleas to two of the charges. The State dismissed the remaining three in exchange. The State and each defendant also agreed that the court would impose the same sixteen year prison term on each defendant.

{¶4} During the plea colloquy the court asked each defendant whether he'd read the plea agreement. The other two co-defendants said they had read it. The court then made the same inquiry of Defendant Kemp, producing the following colloquy:

{¶5} "THE COURT: And, Mr. Kemp, have you read this plea agreement?

{¶6} "DEFENDANT KEMP: Parts of it, Your Honor.

{¶7} "THE COURT: Well, I want to ask if each of you understands the plea agreement.

{¶8} "Mr. Kemp, do you understand this plea agreement?

{¶9} DEFENDANT KEMP: I truthfully don't sir.

{¶10} "THE COURT: Okay. Well, they you - I assume you don't want to proceed with ...


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