Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Ruth R. Fischbein-Cohen
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Kelly N. Mason Assistant County
BEFORE: Blackmon, J., Keough, A.J., and Kilbane, J.
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, JUDGE
Theo Echols ("Echols") appeals from his felonious
assault conviction and associated seven-year prison sentence,
and assigns the following errors for our review:
I. The court violated Theo Echols' due process guarantee
by neglecting to advise him that he has a right to appeal;
and that he has other Crim.R. 32(B) rights.
II. The court erred when it imposed a prison sentence which
is contrary to law.
Having reviewed the record and pertinent law, we affirm. The
apposite facts follow.
On April 10, 2015, Echols and three other males entered the
Broadview Sports Tavern. Echols walked up to Henry L. Smith,
IV ("Smith") who allegedly was in a volatile
relationship with Echols's sister, and tapped him on the
shoulder. When Smith turned around, Echols fired several
shots at Smith, hitting him with four bullets. Smith survived
On January 27, 2016, Echols pled guilty to one count of
felonious assault in violation of R.C. 2903.11(A)(2), a
second-degree felony, with a one-year firearm specification.
On March 2, 2016, the court sentenced Echols to six years in
prison for the assault, to run consecutively to one year in
prison for the firearm specification. On May 26, 2016, this
court granted Echols's motion for leave to file a delayed
appeal, appointed appellate counsel, and ordered a transcript
of the lower court proceedings at the state's expense.
In his first assigned error, Echols argues that, after
imposing his prison sentence, the court failed to advise him
of his appellate rights in violation of Crim.R. 32(B). The
state acknowledges that the court failed to follow the
mandates of Crim.R. 32(B); however, the state argues this
failure amounts to harmless error because this court accepted
Echols's delayed appeal, appointed counsel, and provided
for the transcript at no cost to Echols.
This court has consistently held that when a motion for
delayed appeal is granted and appellate counsel is appointed,
an appellant is not prejudiced and any error under Crim.R.
32(B) is harmless. State v. Thomas, 8th Dist.
Cuyahoga No. 94788, 2011-Ohio-214; State v. Hunter,
8th Dist. Cuyahoga No. 99472, 2013-Ohio-5022.
Accordingly, we find harmless error, and Echols's first