Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2010 CR 00824.
Dennis Watkins, Trumbull County Prosecutor, and LuWayne Annos, Assistant Prosecutor, (For Plaintiff-Appellee).
Jay Blackstone, Summit Professional Center, (For Defendant-Appellant).
DIANE V. GRENDELL, J.
(¶1} Defendant-appellant, William J. Lauth, appeals his conviction and sentence for three counts of Rape, following the entry of a guilty plea, in the Trumbull County Court of Common Pleas. The issues before this court are whether the failure, during the plea colloquy, to advise a defendant that the court could proceed immediately to sentencing and that he would not be eligible for probation/community control sanctions renders the plea invalid; whether the failure to ask defense counsel at sentencing if counsel wished to address the court constitutes reversible error; and whether a plea is rendered invalid by defense counsel's failure to file a motion to suppress. For the following reasons, we affirm the decision of the court below.
(¶2} On November 23, 2010, the Trumbull County Grand Jury issued an Indictment charging Lauth with three counts of Rape, felonies of the first degree in violation of R.C. 2907.02(A)(2) and (B); three counts of Rape, felonies of the first degree in violation of R.C. 2907.02(A)(1)(c) and (B); and three counts of Sexual Battery, felonies of the third degree in violation of R.C. 2907.03(A)(5) and (B).
(¶3} On June 20, 2011, a change of plea hearing was held. The State provided the following factual basis for the charges:
(¶4} Specifically, the State would have shown that on August 28th, 2010 at 1905 Southern Boulevard, Apartment 67, in Warren City, Trumbull County, Ohio, the defendant committed three counts of rape, all felonies of the first degree. Specifically, the State would have shown that defendant engaged in three separate acts of sexual conduct, oral sex, digital penetration, and vaginal intercourse, with a minor female, age sixteen, date of birth 9-3-93, by compelling her to submit by force or threat of force. The defendant was an authority figure to the victim.
(¶5} The State would have offered the testimony of the victim, as well as Detective Currington from the Warren Police Department, employees of Children Services, and Dr. McPherson from the Child Advocacy Center and would have offered into the evidence the victim's medical records, as well as the defendant's recorded confessions.
(¶6} Lauth pled guilty to the first three counts of the Indictment, and the State moved to nolle the remaining counts.
(¶7} On August 3, 2011, a sentencing hearing was held. Lauth addressed the court as follows: "Ain't much I can say is that I feel bad for what I did and I couldn't live with it. That's why I turned myself in. I just hope that she gets better and don't have to live with it for very much."
(¶8} The trial court sentenced Lauth to serve concurrent ten-year terms of imprisonment for each count of Rape, for an aggregate prison term of ten years. The court advised Lauth that he will be required to register as a Tier III sex offender and subject to postrelease control upon his release from prison.
(¶9} On August 14, 2012, Lauth filed a Motion for Leave to File Delayed Appeal.
(¶10} On November 28, 2012, Lauth was granted leave and appellate counsel was appointed to represent Lauth ...