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State v. McArthur

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 13, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE
v.
TIRELLE MCARTHUR, DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-15-599027-A

          APPELLANT Tirelle McArthur, pro se Inmate No. 680273 Lake Erie Correctional Institution

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Anthony Thomas Miranda Assistant Prosecuting Attorney

          BEFORE: Keough, A.J., S. Gallagher, J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          KATHLEEN ANN KEOUGH, ADMINISTRATIVE JUDGE

         {¶1} This appeal is before the court on the accelerated docket pursuant to App.R. 11.1 and Loc. App.R. 11.1. The purpose of an accelerated appeal is to allow this court to render a brief and conclusory opinion. State v. Priest, 8th Dist. Cuyahoga No. 100614, 2014-Ohio-1735, ¶ 1.

         {¶2} Defendant-appellant, Tirelle McArthur, appeals the trial court's decision denying his "motion to correct manifest injustice." For the reasons that follow, we affirm.

         {¶3} In September 2015, McArthur was named in a six-count indictment charging him with two counts each of aggravated robbery with one- and three-year firearm specifications, notice of prior conviction, and repeat violent offender specification; kidnapping, with one- and three-year firearm specifications, notice of prior conviction, and repeat violent offender specification; and having weapons under disability.

         {¶4} On October 8, 2015, McArthur was referred to the court psychiatric clinic pursuant to R.C. 2945.371 for a competency and sanity evaluation. On November 16, 2015, the court held a hearing and noted that Dr. Lubna Grewal from the court's psychiatric clinic was unable to render an opinion regarding McArthur's competence. Therefore, pursuant to R.C. 2945.371(C) and (D), the court ordered McArthur to Northcoast Behavioral Healthcare for an inpatient competency evaluation.

         {¶5} In December 2015, the trial court conducted a plea hearing. Prior to accepting McArthur's plea, the trial court noted that the competency report from the court's psychiatric department, dated November 16, 2015, determined that McArthur was competent. Both the state and McArthur's defense attorney stipulated to the report and to the finding of competency. No mention was made regarding any report from Northcoast Behavioral Healthcare.

         {¶6} Following the stipulation, the trial court properly engaged in the requisite Crim.R. 11 plea colloquy with McArthur and accepted his guilty plea to two amended counts of aggravated robbery, with notice of prior conviction. All other charges were nolled. The court imposed a three-year prison sentence and ordered restitution. McArthur did not file a direct appeal.

         {¶7} On May 31, 2016, McArthur filed a "motion to correct a manifest injustice, " arguing that he was never discharged from Northcoast Behavioral Healthcare because Dr. Cortney A. Kohberger did not sign the competency report that declared him competent and ordered his discharge. Attached to his motion was Dr. Kohberger's report. The trial court summarily denied McArthur's motion.

         {¶8} McArthur appeals, contending in his sole assignment of error that his due process rights were violated when the trial court denied his "motion to correct manifest injustice" when he provided the court with documentation confirming that Northcoast Behavioral Healthcare did not discharge him on December 15, 2015. Within the assigned error, McArthur raises an ineffective assistance of counsel claim for stipulating to the unsigned competency report.

         {¶9} McArthur's "motion to correct manifest injustice" asserted that his plea should be withdrawn, or at the very least, a hearing should be held on his motion pursuant to Crim.R. 32.1, because the competency evaluation prepared by Dr. Courtney A. Kohberger on December 15, 2015, was not signed and thus any stipulation to the report was void. Because of this omission, he contended that "numerous issues now present itself in the form of Due ...


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