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State v. Cliff

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 26, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DAVONTAY CLIFF DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-615803-A

          ATTORNEY FOR APPELLANT P. Andrew Baker

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Edward R. Fadel 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, Davontay Cliff, appeals from his conviction following a guilty plea. He raises the following assignment of error for review:

1. Appellant's conviction must be reversed because his plea was not knowingly, intelligently, and voluntarily made.

         {¶2} After careful review of the record and relevant case law, we affirm Cliffs conviction.

         I. Procedural History

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

         {¶4} In June 2017, Cliff pleaded guilty to a single count of aggravated robbery in violation of R.C. 2911.01(A)(1), with a three-year firearm specification. The remaining counts were nolled. Following a Crim.R. 11 colloquy, the trial court accepted Cliffs guilty plea and referred him to the county probation department for a presentence investigation report.

         {¶5} At sentencing, the trial court imposed a four-year prison term on the aggravated robbery offense, to be served consecutively with the three-year firearm specification, for a total prison term of seven years.

         {¶6} Cliff now appeals from his conviction and sentence.

         II. ...


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