Court of Appeals of Ohio, Second District, Montgomery
NOS. 16-CR-1806; 15-CR-3370/1
HEATHER N. JANS Attorney for Plaintiff-Appellee
J. BAMBERGER Attorney for Defendant-Appellant
1} This matter is before the Court on the November
8, 2016 consolidated Notices of Appeal of Jodie Johnston. In
Case No. 2016 CR 1806, Johnston was convicted, following a
guilty plea, on one count of aggravated possession of drugs
(methamphetamine) (5 times bulk but < 50 times bulk), in
violation of R.C. 2925.11(A), a felony of the second degree.
He received a sentence of 2 years. In Case No. 2015 CR
3370/1, Johnston was convicted, following guilty pleas, on
one count of having weapons while under disability (prior
drug conviction), in violation of R.C. 2923.13(A)(3), a
felony of the third degree, and one count of aggravated
possession of drugs (methamphetamine) (bulk but < 5 times
bulk), in violation of R.C. 2925.11(A), a felony of the third
degree, with an attendant one-year firearm
specification. He was sentenced to 24 months on each
offense, to be served concurrently with each other and
consecutively to the sentence imposed in Case No. 2016 CR
1806, along with an additional one year for the firearm
specification, to be served consecutively to and prior to the
definite term of imprisonment for an aggregate term of five
years. Herein, Johnston asserts that he received ineffective
assistance of counsel. We hereby affirm the judgment of the
2} Johnston's plea hearing was held on September
21, 2016, where the following exchange occurred:
MS. HENNE: Your Honor, in this case it's the State's
understanding that in Case 15-CR-3370 the Defendant will be
entering guilty pleas to Count II, which is having weapons
under disability, and Count VII, which is aggravated
possession of drugs * * * with the attached one year firearms
specification to Count VII in that case * * *
THE COURT: And is - - Count VII, that's a felony of the
MS. HENNE: That is correct, Your Honor.
MS. HENNE: And in Case 16-CR-1806, it's the State's
understanding that the Defendant will enter a guilty plea to
aggravated possession of drugs, felony in the second degree.
In exchange for that, there will be a dismissal of the
possession of heroin, felony of the fifth degree.
From the State's point of view there is no agreement
regarding sentencing, but it's also the State's
understanding that the Court has agreed to - - that the
Defendant will receive a five year prison sentence for the
totality of these cases.
THE COURT: That is a correct statement.
Mr. Johnston, I'll structure this so that in both cases
you receive a prison sentence of five years.Do you understand
THE DEFENDANT: Yes.
THE COURT: And this is a mandatory prison term. Do you
understand that as well?
THE DEFENDANT: Yes.
THE COURT: All right. So with that all said, is this what
you want to do today?
THE DEFENDANT: Yes, sir.
3} The court then determined that Johnston was 44
years old, that he graduated from high school, that he can
read and write, that he was not under the influence of drugs
or alcohol, that he did not have a mental or physical problem
affecting his ability to understand the proceedings, and that
his plea was voluntary and not based upon any threats or
coercion. The following exchange then occurred:
THE COURT: Other than the promise regarding the dismissal of
certain counts, and then my promise regarding what your
sentence is going to be; certainly all important promises,
but other than those promises, have any other ...