Court of Appeals of Ohio, Eighth District, Cuyahoga
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
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Amy Venesile Assistant Prosecuting
BEFORE: E.T. Gallagher, P.J., Celebrezze, J., and Keough, J.
JOURNAL ENTRY AND OPINION
T. GALLAGHER, PRESIDING JUDGE.
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
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.
After careful review of the record and relevant case law, we
affirm Parham's convictions and sentence.
Procedural and Factual History
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.
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.
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.
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.
Parham now appeals from his convictions and sentence.