Court of Appeals of Ohio, Eighth District, Cuyahoga
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
BEFORE: Kilbane, P.J., E.T. Gallagher, J., and Celebrezze, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, PRESIDING JUDGE.
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.
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
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.
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.
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.
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
(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 ...