Court of Appeals of Ohio, Eleventh District, Trumbull
Appeal from the Trumbull County Court of Common Pleas, Case
No. 2015 CR 000863. Judgment: Affirmed.
Watkins, Trumbull County Prosecutor, Ashleigh Musick,
Assistant Prosecutor, and Gabriel M. Wildman, Assistant
Prosecutor, (For Plaintiff-Appellee).
Desirae D. DiPiero Chieffo, (For Defendant-Appellant).
V. GRENDELL, J.
Defendant-appellant, Marques James Shannon, appeals from the
judgment of the Trumbull County Court of Common Pleas,
resentencing him and denying his Motion to Withdraw Plea. The
issue before this court is whether an appeal is wholly
frivolous where a defendant claims his guilty plea was
involuntary when he had expressed concerns about entering the
plea and the court advised him of his rights and options
surrounding entry of that plea. For the following reasons, we
affirm the decision of the court below.
On November 24, 2015, Shannon was indicted by the Trumbull
County Grand Jury for the following: Felonious Assault (Count
One), a felony of the second degree, in violation of R.C.
2903.11(A)(2) and (D)(1)(a), with a pregnant victim
specification pursuant to R.C. 2941.1423; two counts of
Domestic Violence (Counts Two and Three), felonies of the
third degree, in violation of R.C. 2919.25(A) and (D)(4);
Domestic Violence (Count Four), a felony of the fifth degree,
in violation of R.C. 2919.25(A) and (D)(5); and Resisting
Arrest (Count Five), a misdemeanor of the second degree, in
violation of R.C. 2921.33(A) and (D).
On March 3, 2016, a Finding on Guilty Plea to the
Amended-Indictment was filed. At the plea hearing, the State
moved to dismiss the pregnant victim specification, as well
as Count Three, in exchange for a plea of guilty to the
remaining counts and an agreed sentence of three years in
prison. The court reviewed the rights Shannon would be
waiving by pleading guilty, which Shannon indicated he
understood. When asked if he was satisfied with counsel,
Shannon stated "not fully, " citing arguments with
The following exchange took place:
Shannon: I don't want to go to trial because [counsel]
said it was a 90 percent chance he'd lose. So I'm
forced to take three years. I got four children to get out
here to. I'm getting ready to go to school.
The Court: If you don't want to take this plea, we'll
go to trial on Monday.
Shannon: I've got to take three years. I don't want
to go to trial and get up to 15 years. That's what
I'm facing, right? That's what you said?
The Court: I think it's 14.
Shannon: 14. I don't want to do that.
The court indicated that it wanted Shannon to understand his
rights and that no one was threatening him. Shannon said,
"I don't want to go to trial" and stated he
understood his counsel's advice. When asked if he was
threatened or promised anything to enter the plea, he
responded "No. Other than the threat of 14 years."
The trial court explained: "That's hanging out
there, though, because that's the maximum sentence."
The court then reviewed the elements of the crimes and the
potential maximum penalties.
Shannon indicated that he voluntarily signed the plea
agreement, explaining "I had to sign it" and
"take the three years." The court found Shannon
guilty of Counts One, Two, Four, and Five, the presentence
investigation was waived, and the matter proceeded to
sentencing. When asked if he wanted to speak prior to the
entry of his sentence, Shannon indicated "I'm
innocent." The court twice asked if he would like to
withdraw his plea and go to trial, to which Shannon responded
negatively, reiterating counsel's advice that he would
lose at trial. The court sentenced him to three years in
prison on Count One, three years for Count Two, one year for
Count Four, and 60 days for Count Five, all to run concurrent
for a three-year sentence. This verdict was memorialized in a
March 3, 2016 Entry on Sentence. A subsequent untimely
request to appeal that judgment was denied by this court on
June 27, 2016. State v. Shannon, 11th Dist. Trumbull
No. 2016-T-0039, 2016-Ohio-4602.
On August 11, 2016, Shannon filed a Motion to Withdraw Plea
Pursuant to Criminal Rule 32.1, in which he argued various
grounds to withdraw his plea ...