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State v. Collins

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 10, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
ANTHONY COLLINS, JR. DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-611426-B

          ATTORNEY FOR APPELLANT Michael P. Maloney

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Brian D. Kraft Assistant County Prosecutor

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

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, PRESIDING JUDGE.

         {¶1} Defendant-appellant, Anthony Collins, Jr. ("Collins"), appeals from the trial court's judgment, rendered after his guilty plea, finding him guilty of attempted murder and aggravated robbery and sentencing him to 12 years in prison. Collins contends that his plea was not knowingly, voluntarily, and intelligently made because the trial court did not tell him at the plea hearing that he was ineligible for community control sanctions and would definitely be sentenced to prison. For the reasons that follow, we affirm.

         I. Procedural Background

         {¶2} Collins was indicted in an eight-count indictment. Counts 1 and 2 charged attempted murder in violation of R.C. 2923.02 and 2903.02(A); Count 3 charged aggravated robbery in violation of R.C. 2911.01(A)(1); Counts 4 and 5 charged felonious assault in violation of R.C. 2903.11(A)(1); and Counts 6 and 7 charged felonious assault in violation of R.C. 2903.11(A)(2). All counts carried one- and three-year firearm specifications. Count 8 did not apply to Collins. The charges arose out of an incident where Collins and two codefendants robbed two victims of a hoverboard at gunpoint, and then shot them.

         {¶3} Collins pleaded not guilty to the charges. He subsequently entered into a plea agreement with the state and pleaded guilty to an amended Count 1, attempted murder, modified to include the victims' names; and an amended Count 3, aggravated robbery, amended to delete the firearm specifications and add the victims' names. The remaining counts were nolled. As part of the agreement, Collins agreed to offer truthful testimony against the codefendants.

         {¶4} At the plea hearing, after engaging in a Crim.R. 11 colloquy with Collins, the court found that Collins had been advised of the constitutional rights he was waiving by pleading guilty, and that he understood the nature of the charges, the effect of his plea, and the maximum penalties that could be imposed. The court determined that his plea was knowingly, voluntarily, and intelligently made, and found him guilty of attempted murder and aggravated robbery.

         {¶5} The court subsequently sentenced him to six years on Count 1, consecutive to three years on the firearm specification, and three years on Count 3. The court ordered both counts to be served consecutively, for an aggregate term of 12 years in prison. This appeal followed.

         II. Law and Analysis

         {¶6} Under Crim.R. 11(C)(2), a court shall not accept a guilty or no contest plea in a felony case without first addressing the defendant personally and doing all of the following:

(a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved and, if applicable, that the defendant is not eligible for probation or for the imposition of community control sanctions at the sentencing hearing.
(b) Informing the defendant of and determining that the defendant understands the effect of the plea * * *, and that the court, upon acceptance of the plea, may proceed with judgment and sentence.
(c) Informing the defendant and determining that the defendant understands that by the plea the defendant is waiving the rights to jury trial, to confront witnesses against him or her, to have compulsory process for obtaining witnesses in the defendant's favor, and to require the state to prove the defendant's guilt beyond a reasonable doubt at ...

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