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State v. Wilder

Court of Appeals of Ohio, Eleventh District

June 24, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
CURTIS L. WILDER, Defendant-Appellant.

Criminal Appeal from the Lake County Court of Common Pleas, Case No. 12 CR 000164.

Charles E. Coulson, Lake County Prosecutor, and Alana A. Rezaee, Assistant Prosecutor, (For Plaintiff-Appellee).

Gregory T. Stralka, (For Defendant-Appellant).

OPINION

DIANE V. GRENDELL, J.

{¶1} Defendant-appellant, Curtis L. Wilder, appeals his conviction and sentence in the Lake County Court of Common Pleas, for Attempted Engaging in a Pattern of Corrupt Activity, Grand Theft of a Motor Vehicle, Possession of Heroin, and two counts of Receiving Stolen Property. Wilder was sentenced to serve an aggregate prison term of sixty-six months and ordered to pay fines in the aggregate amount of $60, 550.81. The issues before this court are whether the failure to advise a defendant about the amount of restitution renders a guilty plea invalid, whether a trial court errs by not holding a hearing on the amount of restitution, and whether trial counsel is constitutionally ineffective for not objecting to the failure to hold a hearing on restitution. For the following reasons, we affirm Wilder's guilty plea, reverse his sentence with respect to restitution only, and remand this matter for further proceedings consistent with this opinion.

{¶2} On April 27, 2012, Wilder was indicted by the Lake County Grand Jury for the following: Engaging in a Pattern of Corrupt Activity (Count 1), a felony of the second degree in violation of R.C. 2923.32(A)(1); Grand Theft of a Motor Vehicle (Count 2), a felony of the fourth degree in violation of R.C. 2913.02(A)(1); three counts of Possessing Criminal Tools (Counts 3, 4 and 5), felonies of the fifth degree in violation of R.C. 2923.24; Breaking and Entering (Count 6), a felony of the fifth degree in violation of R.C. 2911.13(B); Possession of Heroin (Count 7), a felony of the fifth degree in violation of R.C. 2925.11; two counts of Receiving Stolen Property (Counts 8 and 9), misdemeanors of the first degree in violation of R.C. 2913.51; and Attempted Grand Theft of a Motor Vehicle (Count 10), a felony of the fifth degree in violation of R.C. 2923.02 and 2913.02(A)(1).

{¶3} On June 5, 2012, a change of plea hearing was held. At the hearing, the trial court acknowledged the filing of a subsequent twelve-count Indictment in Case No. 12CR000293. The court continued:

{¶4} It's been presented to me that you wish to plead guilty to an amended Count 1, which would be attempted engaging in a pattern of corrupt activity, a felony of the third degree. * * * So in essence you would be pleading to the lesser included offense to Count 1 as originally indicted. * * * In addition, it's been proposed that you plead guilty to Count 2, grand theft of a motor vehicle; count 7, possession of heroin with a forfeiture specification; and Counts 8 and 9, both receiving stolen property, both misdemeanors of the first degree. The bottom line is your maximum exposure here is 5 ½ years in prison, and fines of $9, 500 plus 3 times the gross loss caused as a result of Count 1.

{¶5} The trial court proceeded to review the Written Plea of Guilty and the factual predicate for the charges:

{¶6} On or between November 18th, 2011 and March 8th, 2012 as a part of a course of criminal conduct with offenses committed in Lake County, Ohio, you engaged purposely or knowingly in conduct that if successful would constitute or result in the commission of the crime of engaging in a pattern of corrupt activity * * * Predicate acts in this case constituting the pattern of corrupt activity of said enterprise include but are not limited to, * * * grand theft of a motor vehicle as alleged in count 2 of the indictment * * *, receiving stolen property as alleged in counts 8 and 9 of the indictment, and are alleged as predicate acts. * * *

{¶7} Count 2 of the newer indictment says that on March 8, 2012 in the city of Mentor in Lake County, Ohio you with purpose to deprive Brian R. Dudich, the owner of property, namely a black 2003 Ford F-250 truck * * *, knowingly obtained or exerted control over that property without Dudich's consent or someone authorized to give consent, the property being a motor vehicle as defined by law. That is called grand theft of a motor vehicle. * * *

{¶8} Count 7 says that on March 8th, 2012 in the city of Mentor in Lake County, Ohio, you knowingly obtained, possessed, or used heroin, a Schedule 1 controlled substance, * * * measured at 0.09 grams. This is called possession of heroin.

{¶9} Count 8 says that on March 8th, 2012 in the city of Mentor in Lake County, Ohio, you received, retained, or disposed of certain property, being miscellaneous tools, the property of Michael Bunt, you knowing or having reasonable cause to believe that the property was stolen. The value of the property being less than $1, 000.00, specifically it was $490.00. That is called receiving stolen property. * * *

{¶10} Count 9 says that on March 8th, 2012 in the city of Mentor in Lake County, Ohio, you received, retained, or disposed of certain property, being a nail gun. The property of William Randall, you knowing or having reasonable cause to believe that the property was stolen. The value of the property being less than $1, ...


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