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State v. Rogers

Court of Appeals of Ohio, Eighth District

July 25, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DEMALE ROGERS DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-438533

Demale Rogers, Pro Se, ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor, Adam Chaloupka Assistant Prosecuting Attorney

BEFORE: Rocco, P.J., Blackmon, J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, PRESIDING JUDGE

{¶ 1} Defendant-appellant Demale Rogers appeals the trial court's denial of his motion to vacate his guilty plea after he pled guilty to murder in violation of R.C. 2903.02.

{¶ 2} Rogers presents two assignments of error. In his first assignment of error, Rogers contends that the trial court erred in denying his motion to withdraw his guilty plea where the trial court had erroneously indicated, during the plea colloquy, that Rogers would be subject to a period of postrelease control if he was released from prison. In his second assignment of error, Rogers claims that the trial court's failure to "render a verdict or finding of guilt" "in open court" with respect to his guilty plea violated Crim.R. 32(C), such that the trial court's judgment setting forth his conviction and sentence was not a final, appealable order.

{¶3} Having reviewed the record, this court finds no merit to Rogers's arguments. Consequently, his assignments of error are overruled, and the trial court's judgment is affirmed.

Factual and Procedural Background

{¶ 4} In June 2003, Rogers was charged with one count of aggravated murder in violation of R.C. 2903.01, with a firearm specification pursuant to R.C. 2941.145, and one count of having a weapon while under disability in violation of R.C. 2923.13. In February 2004, as part of a negotiated plea agreement, Rogers pled guilty to an amended charge of murder under R.C. 2903.02, and the firearm specification and remaining charge of having a weapon while under a disability were nolled.

{¶5} Before accepting Rogers's plea, the trial court conducted the plea colloquy required under Crim.R. 11. In discussing the penalty Rogers could receive for his crime, the trial court erroneously stated that Rogers would be subject to a period of postrelease control at the conclusion of his sentence if he was released from prison:

THE COURT: Do you understand as well the penalty for this crime is a term in prison anywhere from 15 years to life?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand that you will serve the full term of that sentence? You don't get time off for good behavior, and I believe post release control ...

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