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State of Ohio v. Deonta Bell

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DEONTA BELL DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-542463

The opinion of the court was delivered by: Mary Eileen Kilbane, A.J.:

Cite as State v. Bell,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Kilbane, A.J., Boyle, J., and Sweeney, J.

{¶1} Defendant-appellant, Deonta Bell (Bell), appeals from his guilty plea, challenging the knowing, intelligent, and voluntary nature of his plea. Finding no merit to the appeal, we affirm.

{¶2} In September 2010, Bell was charged with a ten-count indictment in Case No. CR-542463. Counts 1-4 charged him with burglary, with each of the counts carrying a notice of prior conviction and repeat violent offender specification. Count 5 and Counts 7-9 charged him with theft. Count 6 charged him with aggravated theft, and Count 10 charged him with criminal damaging.

{¶3} In January 2011, Bell entered into a plea agreement that allowed him to plead guilty in two cases -- Case Nos. CR-542463 and CR-539985. Case No. CR-539985 charged him with felonious assault, a second degree felony. Pursuant to the plea agreement in Case No. CR-542463, Bell pled guilty to two amended counts of burglary (Counts 1 and 3). Both counts were amended by the deletion of the notice of prior conviction and repeat violent offender specifications and the addition of the victim's name. The remaining charges were nolled. In Case No. CR-539985, Bell pled guilty to aggravated assault, a fourth degree felony.

{¶4} At the plea hearing, the trial court advised Bell that Counts 1 and 3 are third degree felonies, punishable by between one and five years in prison and a fine of up to $10,000. The court advised that these counts are not allied offenses and that it could impose a consecutive sentence. The court also advised that it could order Bell to pay court costs and restitution. Bell indicated to the trial court that he understood the trial court's statements. The trial court then explained:

"COURT: I'm going to talk to you now about [postrelease control]. In this case, we're looking at a felony of the third degree * * *, there's no cause or threaten to cause harm contained in the felony of the third degree. * * * [T]he felony of the third degree * * * [is] going to be three-year discretionary [postrelease control,] which means the Ohio Adult Parole Authority, upon your release from incarceration may, at their discretion, * * * choose to put you on [postrelease control] for three years. Do you understand that?

BELL: Yes.

COURT: Okay. If you are placed on [postrelease control], the Adult Parole Authority could return you to prison for up to nine months if you violate their conditions, up to a maximum of fifty percent of your stated prison sentence. If you are convicted of a new felony while on [postrelease control], then in addition to being punished for the new offense, the judge in that matter could add an additional consecutive prison term of one year or what time remains on your [postrelease control] term, ...


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