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State of Ohio v. Vincent Franklin

September 29, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
VINCENT FRANKLIN DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-396833

The opinion of the court was delivered by: Kathleen Ann Keough, J.:

Cite as State v. Franklin,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Keough, J., Kilbane, A.J., and Celebrezze, J.

{¶1} In this appeal from a resentencing to impose postrelease control, defendant-appellant, Vincent Franklin, challenges his guilty plea. For the reasons that follow, we affirm.

I

{¶2} In 2001, Franklin pled guilty to two amended counts of rape in Case No. CR-396833 and one count of felonious assault in Case No. CR-400681. Before accepting his plea, the trial court determined that Franklin was making the plea voluntarily and informed him of his constitutional rights under Crim.R. 11(C), which Franklin indicated he understood. The trial court told Franklin that he would be subject to postrelease control upon release from prison, but did not tell him the length of the postrelease control term. Franklin did not appeal his conviction or sentence.

{¶3} More than nine years later, in October 2010, the trial court resentenced Franklin in Case No. CR-396833 to properly impose five years of mandatory postrelease control. Franklin now appeals from that resentencing.

II

{¶4} Under Crim.R. 11(C), a court shall not accept a guilty plea in a felony case without first addressing the defendant personally and doing all of the following:

{¶5} "(a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved * * *.

{ΒΆ6} "(b) Informing the defendant of and determining that the defendant understands the effect of the plea * * *, and that the court, upon acceptance of the ...


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