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State v. Doyle

Court of Appeals of Ohio, Tenth District

July 25, 2013

State of Ohio, Plaintiff-Appellee,
v.
Troy A. Doyle, Defendant-Appellant.

(C.P.C. Nos. 10CR-3392, 10CR-1774, 10CR-1774, 10CR-3392).

Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.

Howard Legal LLC, and Felice Howard, for appellant. APPEALS from the Franklin County Court of Common Pleas

DECISION

VUKOVICH, J.

{¶ 1} In these four consolidated appeals, defendant-appellant, Troy A. Doyle, appeals from judgments of conviction and sentence entered by the Franklin County Court of Common Pleas pursuant to his plea of guilty to one count of theft and one count of receiving stolen property. He also appeals from the trial court's subsequent denial of his post-sentencing motions for additional jail-time credit.

{¶ 2} The charges against appellant arose out of separate incidents and proceeded in the trial court under separate case numbers. Appellant appeared in court, represented by counsel, on April 28, 2011 and pled guilty to reduced charges of one count of theft in Franklin C.P. No. 10CR-1774 and one count of receiving stolen property in Franklin C.P. No. 10CR-3392. The trial court engaged in a thorough and detailed colloquy with appellant before concluding that his plea was made knowingly, intelligently, and voluntarily. Counsel for appellant then asked the court to continue sentencing in both cases for two weeks in order to allow appellant to re-establish his program with a mental health provider and obtain a prescription for medication before going to prison. The court inquired about appellant's past mental health issues, and appellant stated that he had previously been prescribed Lithium and Depacote. The court granted a continuance and set sentencing for May 18, 2011.

{¶ 3} Appellant did not appear for sentencing on May 18, and on May 24, 2011, the trial court issued a capias for appellant in each of the two cases. Appellant thereafter committed new crimes and was arrested for older offenses in other Ohio jurisdictions. He was eventually returned to Franklin County for sentencing in the two pending cases. On May 30, 2012, the trial court held a sentencing hearing. At the hearing, appellant stated that he was currently incarcerated in Washington County, Ohio, where he had pled guilty to one count of breaking and entering. Appellant stated that he pled guilty in Washington County in the belief that the approximately one-year sentence to be imposed there would be run concurrently with any sentence imposed in Franklin County.

{¶ 4} Appellant then made an oral motion to withdraw his prior plea of guilty to the Franklin County charges. He stated that the charges did not fit the nature of his actual conduct, that at the time he entered the plea he had been addicted to pain pills, and that in the interim he had been able to undergo detox and take appropriate psychiatric medication. He stated that he now had a more rational understanding of his legal situation and wished to withdraw his plea. Appellant further stated that he had a poor relationship with his attorney and wished to receive better counsel.

{¶ 5} The court then undertook inquiry into the type of medication available to appellant and his communication problems with his attorney. The court inquired of counsel regarding his interaction with appellant and conversations regarding the effect of the previous guilty plea. After this discussion, the court declined to allow appellant to withdraw his guilty plea and imposed concurrent terms of 12 months for the two Franklin County charges. The court did not specify whether these two concurrent terms would be served concurrently or consecutively with the Washington County sentence, or any other penalty previously imposed by another jurisdiction. The court allowed three days of jail- time credit based on appellant's initial arrest in case No. 10CR-1774 and no jail-time credit in case No. 10CR-3392, based on the prosecution's representation that appellant had never been arrested in that case.

{¶ 6} Appellant filed pro se notices of appeal from both convictions. After initial representation by the public defender, this court has now appointed counsel in these direct appeals.

{¶ 7} In the interim, appellant filed pro se motions before the trial court to recalculate his jail-time credit. He seeks credit against his Franklin County sentence for the days he was incarcerated in Washington County prior to his sentencing in Franklin County. The trial court denied those motions, and appellant has again appealed, represented by the same court-appointed counsel.

{¶ 8} We have consolidated these four appeals. In appeal Nos. 12AP-567 and 12AP-568, appellant brings the following assignments of error addressing his conviction and sentence:

FIRST SUPPLEMENTAL ASSIGNMENT OF ERROR
Troy Doyle was denied the effective assistance of trial counsel as guaranteed by the United ...

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