Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 15 CR
Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR
PAULA M. SAWYERS
Defendant-Appellant: MICHAEL R. DALSANTO
Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Craig R.
Appellant Randall T. Hutchison appeals from the October 18,
2016 Judgment of Conviction of Sentence and May 29, 2016
Decision and Order Denying Defendant's Motion to Withdraw
Guilty Pleas of the Licking County Court of Common Pleas.
Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
The following facts are adduced from appellee's statement
at the change-of-plea and sentencing hearing on October 17,
2016. These facts are also contained in the "Memorandum
Documenting Nature of Plea Agreement" signed by
appellant, appellee, and defense trial counsel on October 17,
This case arose on November 5, 2014 in the city of Newark.
Law enforcement prepared to execute a search warrant at 58
½ Union Street during an investigation of
appellant's involvement in counterfeiting. Appellant left
the residence and engaged in a confrontation with police,
during which he discharged a firearm at Ptl. Jarrod Conley of
the Newark Police Department. Ptl. Conley was struck in the arm
and vest, causing serious physical harm.
At the time of the shooting, Ptl. Conley was in uniform and
had just exited a marked police car.
Prior to this confrontation, appellant had stated "he
would engage in a shootout with police if he ever faced being
re-arrested." (Memorandum, 4).
After shooting Ptl. Conley, appellant fled on foot, pursued
by Det. Doug Bline, who was in plain clothes. Appellant
became aware of Det. Bline's pursuit in the area of West
Church Street; appellant "raised his firearm directly at
Det. Bline in such a fashion as to manifest a substantial
step toward shooting at him * * *." (Memorandum, 4).
Det. Bline struck appellant with the vehicle he (Bline) was
driving. Appellant's firearm was found at the scene.
Appellant was alleged to have recklessly violated the terms
of a protection order issued or consent agreement approved
pursuant to R.C. 2919.26 or 3113.31 of the Revised Code,
and/or a protection order issued pursuant to Section 2151.34,
2903.213, or 2903.214 of the Revised Code. These protection
orders were issued in Licking County Common Pleas Court,
Domestic Relations Division, Case No. 14-DR-1161 and Licking
County Common Pleas Court, General Division, Case No.
09-CV-2135; both protection orders were in effect on November
5, 2014; and both protection orders prohibited appellant from
possessing, using, carrying, or obtaining any deadly weapons,
including a firearm.
Appellant was in actual or constructive possession of, as a
principal offender or in complicity with one or more others,
"counterfeit" U.S. currency in the Union Street
residence, in the vehicle he was driving before the
confrontation with law enforcement, and/or in the personal
effects removed from his person at the hospital.
Additionally, appellant did with purpose to defraud or
knowing that he was facilitating a fraud, did utter, or
possess with purpose to utter, any writing that he knew to be
Appellant was in actual and/or constructive possession of, as
a principal offender or in complicity with one or more
others, items used to facilitate the counterfeiting of U.S.
currency including but not limited to a printer/copier and
copying paper to manufacture counterfeit bills; chemicals to
"bleach" real U.S. currency; one or more vehicles
to transport counterfeit bills and/or to transport
items/equipment to aid in the counterfeiting process itself;
and real U.S. currency from which to make copies or that can
Appellant acknowledged the facts presented, that those facts
would have been presented to a jury, and that if presented to
the jury would have been sufficient to sustain convictions as
described infra. (T. 23).
Appellant was charged by indictment as follows: Count I,
felonious assault pursuant to R.C. 2903.11(A)(2), a felony of
the first degree; Count II, felonious assault pursuant to
R.C. 2903.11(A)(2), a felony of the first degree; Count III,
improper handling of firearms in a motor vehicle pursuant to
R.C. 2923.16(B), a felony of the fourth degree; Count IV,
violation of a protection order pursuant to R.C.
2919.27(A)(1) and/or (2) and (B)(4), a felony of the third
degree; County V, forgery pursuant to R.C. 2913.31(A)(3), a
felony of the fifth degree; Count VI, possession of criminal
tools pursuant to R.C. 2923.24(A), a felony of the fifth
degree. Count I is accompanied by firearm specifications
pursuant to R.C. 2941.1412 and R.C. 2941.145; Count II is
accompanied by a firearm specification pursuant to R.C.
Appellant entered pleas of not guilty.
On July 10, 2015, appellant filed a motion for psychological
evaluations, asserting he had "severe mental
illness" and possible "intellectual/adaptive
functioning impairments" affecting his ability to
meaningfully assist in his defense. On July 14, 2015, the
trial court ordered appellant to submit to a psychological
examination pursuant to R.C. 2945.37(A).
While the instant case was pending, in an unrelated matter,
appellant's federal supervision was revoked and he was
sentenced to a federal prison term of 24 months.
On September 11, 2015, the trial court filed a Judgment Entry
accepting a Netcare Report and adopting the finding that
appellant was capable of understanding the nature and
objective of the proceedings and assisting in his defense.
Appellant was therefore competent to stand trial.
On September 16, 2015, appellant filed a pro se memorandum
requesting new trial counsel, which the trial court granted
on September 18, 2015.
Appellant moved for, and was granted, the services of a
private investigator at public expense. Appellant also moved
for, and was granted, the services of an expert crash
On May 16, 2016, the trial court filed a Judgment Entry
indicating appellant requested a new trial at a status
conference and the request was granted. The Office of the
Ohio Public Defender was appointed to represent appellant.
On October 18, 2016, appellant entered negotiated pleas of
guilty to Count I, felonious assault of a police officer and
the second accompanying firearm specification;Count III,
improper handling of a firearm in a motor vehicle; Count IV,
violation of a protection order; Count V, forgery; and Count
VI, possession of criminal tools. Appellant entered an Alford
plea to Count II, which was amended to attempted felonious
assault pursuant to R.C. 2903.11(A)(1) and 2923.02, a felony
of the third degree, and the accompanying firearm
specification. The Entry of Guilty Pleas filed October 18,
2016, states the parties' agreement "[t]hat the
parties will jointly recommend that on the charges in this
case the Court impose a prison sentence not less than ...