Court No. 16 CR 086
J. VanEerten, Ottawa County Prosecuting Attorney, and Barbara
Gallé Rivas, Assistant Prosecuting Attorney, for
Russell V. Leffler, for appellant.
DECISION AND JUDGMENT
1} This is an appeal from a March 16, 2017 judgment
of the Ottawa County Court of Common Pleas, sentencing
appellant, Marcus Bankston, to an eight-year term of
incarceration following his convictions on one amended count
of attempted aggravated burglary, in violation of R.C.
2923.02(A), a felony of the second degree, and one count of
felonious assault, in violation of R.C. 2903.11(A) (1), a
felony of the second degree. For the reasons set forth below,
this court affirms the judgment of the trial court.
2} Appellant, Marcus Bankston, sets forth the
following two assignments of error:
I. THE COURT MISINFORMED THE DEFENDANT ABOUT SEVERAL THINGS
AND FAILED TO EXPLAIN THERE WAS A PRESUMPTION IN FAVOR OF A
PRISON SENTENCE AND IN THE CONTEXT OF THIS CASE THE
ACCEPTANCE OF THE GUILTY PLEA FROM A RELUCTANT AND HESITANT
DEFENDANT ON THESE CLAIMS MAKES THE PLEA INVOLUNTARY.
II. THE TWO COUNTS PLEAD TO IN THIS CASE WERE ALLIED OFFENSES
OF SIMILAR IMPORT PURSUANT TO O.R.C. 2947.25.
3} The following undisputed facts are relevant to
this appeal. On June 16, 2016, appellant, a married man from
Toledo, arranged to meet in person with an online,
out-of-town girlfriend. Appellant travelled from Toledo to
his girlfriend's mother's home, located in Ottawa
County. While at the home, his girlfriend's father
entered the home, tensions flared, and a confrontation
4} As the confrontation escalated, a physical
altercation ensued. Appellant struck the father over the head
with great force utilizing a firearm to deliver the blow. As
a result of the injuries inflicted upon the victim by
appellant, the victim required emergency medical treatment,
including a dozen staples necessary to repair a severe
laceration of the victim's head.
5} On August 25, 2016, appellant was indicted on six
felony offenses, including two counts of aggravated robbery,
two counts aggravated burglary, and two counts of felonious
assault. On January 19, 2017, appellant pled guilty to Count
4, as amended to the lesser offense of attempted aggravated
burglary, and Count 5, felonious assault. In exchange, the
remaining four felony charges were dismissed.
6} On March 16, 2017, the trial court sentenced
appellant to two four-year terms of incarceration, one for
each of the convictions, ordered to run consecutively, for a
total term of incarceration of eight years.
7} In addition, the court ordered appellant to pay
$1, 624.59 in restitution to the victim for medical expenses
not covered by insurance. The court further ordered appellant
to pay $3, 408.62 in restitution to his girlfriend's
mother for damage caused to her property not covered by
insurance. This appeal ensued.
8} In appellant's first assignment of error, he
maintains that the court committed prejudicial error by
allegedly prejudicially informing him about several aspects
of the plea. Appellant maintains that as a result of the