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State v. Raymond

Court of Appeals of Ohio, Eighth District

July 18, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
ANTONIO RAYMOND DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-564004.

Attorney for appellant Thomas A. Rein.

Attorneys for appellee Timothy J. McGinty Cuyahoga County Prosecutor, By: Mary Weston Assistant Prosecuting Attorney.

BEFORE: S. Gallagher, J., Stewart, A.J., and E.A. Gallagher, J.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, J.

{¶ 1} Appellant Antonio Raymond appeals his conviction for burglary. He also challenges the trial court's imposition of court costs and failure to give jail-time credit. For the reasons stated herein, we affirm the conviction, but reverse in part and remand the matter for the trial court to calculate jail-time credit and to modify its judgment as to court costs.

{¶ 2} As part of a plea agreement, appellant entered a plea of guilty to an amended charge of burglary, a felony of the second degree. Before accepting appellant's guilty plea, the trial court explained appellant's constitutional rights and reviewed the charge to which he was pleading guilty. The court explained the possible penalties of two to eight years in prison and a $15, 000 fine. The appellant expressed that he understood. When asked whether any other promises had been made to him, appellant replied, "No, your Honor." The prosecutor and defense counsel indicated their belief that the court complied with Crim.R. 11.

{¶3} At sentencing, the victim made a statement in which she expressed that appellant was the main aggressor: he kicked in the door, and he was screaming, "Give me the gun. Shoot them." Appellant made a statement to the court. The court reviewed the presentence investigation report and appellant's criminal history, which included 11 felony convictions. Defense counsel asked the court to consider community control sanctions, but if it would not, then the minimum prison sentence, "which is what his co-defendants got."

{¶ 4} The trial court sentenced appellant to five years in prison and imposed three years of mandatory postrelease control. The court ordered restitution in the amount of $1, 350. The court indicated that it did not "see any jail time" served and that appellant would not get any jail-time credit. The court denied appellant's request to suspend court costs.

{¶ 5} Appellant filed this appeal, raising three assignments of error for our review. His first assignment of error is as follows:

I: Appellant did not enter his guilty plea knowingly, intelligently, or voluntarily because the trial court failed to properly inform [him] of the maximum penalties as required by Crim.R. 11(C)(2)(a).

{¶ 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, 660 N.E.2d 450 (1996). Before accepting a guilty or no-contest plea in a felony case, the court must make the determinations and give the warnings required by Crim.R. 11(C)(2). Substantial compliance is required for nonconstitutional issues, which means "that under the totality of the circumstances the defendant subjectively understands the implications of his plea and the rights he is waiving." State v. Nero, 56 Ohio St.3d 106, 108, 564 N.E.2d 474 (1990). Furthermore, a defendant must show prejudicial effect. Id.

{ΒΆ 7} Appellant argues that the trial court failed to inform him of the maximum penalty involved as required by Crim.R. 11(C)(2)(a). Specifically, he complains that pursuant to R.C. 2929.13(D)(1) there is a presumption in favor of a prison term ...


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