Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT David L. Doughten David L. Doughten
APPELLANT Daveion Perry Inmate No. #A691-391 Trumbull
ATTORNEY FOR APPELLEE Michael C. O'Malley Cuyahoga County
BEFORE: Kilbane, J., E.A. Gallagher, P.J., and Boyle, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, JUDGE.
Defendant-appellant, Daveion Perry ("Perry"),
appeals from the trial court's judgment following his
guilty plea to aggravated murder, five counts of aggravated
robbery, four counts of kidnapping, two counts of felonious
assault, breaking and entering, obstructing official
business, and tampering with evidence.  Perry's
well-respected counsel filed a brief pursuant to Anders
v. California, 386 U.S. 738, 87 S.Ct.1396, 18 L.Ed.2d
493 (1967), and now seeks to withdraw as appellate counsel.
After thoroughly reviewing the record, we grant counsel's
motion to withdraw and dismiss this appeal.
History and Facts
On October 21, 2016, Perry was charged in a 15-count
indictment resulting from the death of a 15-year-old boy
working at a fast-food restaurant in Cleveland Heights, Ohio.
The state of Ohio reserved the right to seek the death
penalty with the indictment. The incident, which occurred on
October 14, 2016, was captured on the restaurant's video
The state met with Perry while he was in the custody of the
Cleveland Heights Police Department. Perry had retained
counsel at the time. The state and Perry, through retained
counsel, reached an agreement where the state would
"take death off the table for a full, complete
confession and acceptance of responsibility [by Perry]."
One of the stipulations of the agreement provides that in
order to obtain the benefit of the no death penalty
indictment, Perry would knowingly, voluntarily, and in
compliance with Crim.R. 11 enter a guilty plea to the
indictment in full as charged. The state reserved the right,
both on the indictment and in the plea contract, to proceed
with a reindictment for the death penalty if Perry chose not
to fulfill his part of the agreement.
Perry was then arraigned on October 26, 2016. Immediately
following the arraignment, the trial court held the guilty
plea hearing. At the hearing, Perry and the state
acknowledged on the record that they entered into a plea
contract and explained the terms of the agreement on the
record. Both parties stipulated to a case book of evidence
and stipulated that the victim's family consented to the
plea agreement. In exchange for Perry's guilty plea, the
state agreed to not seek the death penalty. The state
reserved the right to reindict with the capital specification
and use Perry's confession if he changed his mind and
chose to plead not guilty. After properly discussing the
rights afforded to Perry under Crim.R. 11, the trial court
accepted Perry's guilty plea.
The matter proceeded to sentencing on October 28, 2016. The
court reviewed all of the evidence provided to it. The court
found that Perry was fully and continuously represented by
counsel, he was informed of his Miranda rights, and
he knowingly and voluntarily entered into the plea contract.
The state presented a power point presentation for the
court's consideration, including statements from the
victim's family, Perry's criminal history,
Perry's written confession, and the basis for the guilty
plea. Perry made a statement on his behalf and apologized to
the victim's family as well as his family. The trial
court sentenced Perry to an aggregate sentence of life in
prison without parole to be served consecutive to six years
in prison on the firearm specifications.
In December 2016, Perry, pro se, sought leave to file a
delayed appeal and sought appointment of appellate counsel.
We granted both motions and appointed Perry counsel. Based on
the belief that no prejudicial error occurred below and that
any grounds for appeal would be frivolous, Perry's astute
counsel filed a motion to withdraw under Anders.