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State v. Parham

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 26, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DWJUAM A. PARHAM DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-614955-A

          ATTORNEYS FOR APPELLANT James M. Price, Jr. James M. Price Attorney.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Amy Venesile Assistant Prosecuting Attorney.

          BEFORE: E.T. Gallagher, P.J., Celebrezze, J., and Keough, J.

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, PRESIDING JUDGE.

         {¶1} Defendant-appellant, Dwjuam Parham, appeals from his convictions and sentence following a guilty plea. He raises the following assignments of error for review:

1. The trial court erred by accepting appellant's guilty plea to felonious assault when appellant's statements indicated a lack of understanding of the nature of the offense.
2. The trial court erred by failing to forewarn appellant that it would not be bound by any sentencing agreement and by imposing maximum prison sentences in the absence of evidence that appellant committed the worst form of the offenses.
3. Defense counsel rendered ineffective assistance by failing to follow through on his agreement to recommend a five-year prison sentence and for remaining silent when the trial court imposed the maximum sentence of 11 years.
4. Defense counsel's failure to object to hostile comments from the bench constituted ineffective assistance.

         {¶2} After careful review of the record and relevant case law, we affirm Parham's convictions and sentence.

         I. Procedural and Factual History

         {¶3} In September 2016, Parham approached a female who was walking alone in an open field in Cleveland, Ohio. According to the state, Parham pointed a handgun at the female, said "it ain't worth it, " and repeatedly fired the weapon. Ultimately, the victim survived, but was shot nine times. After the victim fell to the ground, Parham took $175 in cash from her pockets.

         {¶4} In March 2017, Parham was named in a five-count indictment, charging him with attempted murder, two counts of aggravated robbery, and two counts of felonious assault. Each count contained one- and three-year firearm specifications.

         {¶5} In June 2017, Parham pleaded guilty to an amended count of attempted aggravated robbery in violation of R.C. 2923.02 and 2911.01(A)(1); and felonious assault in violation of R.C. 2903.11(A)(2), with a three-year firearm specification. The remaining counts were nolled.

         {¶6} Following a Crim.R. 11 colloquy, the trial court accepted Parham's guilty plea and directly proceeded with sentencing. Upon questioning Parham about his motives, the trial court imposed an eight-year prison sentence on the attempted aggravated robbery offense, to run concurrently with an eight-year prison term imposed on the felonious assault offense. The eight-year sentence imposed on the felonious assault offense was ordered to be served consecutively with the attendant three-year firearm specification, for a total prison term of 11 years.

         {¶7} Parham now appeals from his convictions and sentence.

         II. ...


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