Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case Nos. CR-16-606599-A and CR-16-607603-A
ATTORNEY FOR APPELLANT Jerome M. Emoff Dworken &
Bernstein Co., L.P.A.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Janna R. Steinruck Assistant
BEFORE: Celebrezze, J., Stewart, P.J., and Boyle, J.
JOURNAL ENTRY AND OPINION
D. CELEBREZZE, JR., J.
Defendant-appellant, Clarence Harian ("appellant"),
brings this appeal challenging guilty pleas he entered in two
criminal cases. Specifically, appellant argues that the trial
court failed to comply with R.C. 2945.37(B) by not conducting
a competency hearing and that his guilty pleas were not
voluntarily entered. After a thorough review of the record
and law, this court affirms.
Factual and Procedural History
The instant appeal arose from guilty pleas that appellant
entered in two criminal cases on May 22, 2017. First, in
Cuyahoga C.P. No. CR-16-606599-A, appellant pled guilty to an
amended Count 2, robbery, a second-degree felony in violation
of R.C. 2911.02(A)(1), with notice of prior conviction and
repeat violent offender specifications; Count 5, petty theft,
a first-degree misdemeanor in violation of R.C.
2913.02(A)(1); and Counts 6 and 7, aggravated menacing,
first-degree misdemeanors in violation of R.C. 2903.21(A).
Counts 1, 3, and 4 were nolled.
Second, in Cuyahoga C.P. No. CR-16-607603-A, appellant pled
guilty to an amended Count 2, robbery, a second-degree felony
in violation of R.C. 2911.02(A)(1), with notice of prior
conviction and repeat violent offender specifications; an
amended Count 5, abduction, a third-degree felony in
violation of R.C. 2905.02(A)(2); and Count 7, having weapons
while under disability, a third-degree felony in violation of
R.C. 2923.13(A)(2). Counts 1, 3, 4, and 6 were nolled.
The trial court held a sentencing hearing on July 11, 2017,
during which it sentenced appellant in both criminal cases.
In CR-16-606599-A, the trial court sentenced appellant to a
prison term of four years: four years on Count 2, six months
on Count 5, six months on Count 6, and six months on Count 7.
The trial court ordered the counts to run concurrently to one
another. In CR-16-607603-A, the trial court sentenced
appellant to a prison term of four years: four years on Count
2, one year on Count 5, and one year on Count 7. The trial
court ordered the counts to run concurrently to one another.
The trial court ordered appellant to serve his four-year
prison sentence in CR-16-607603-A consecutively with his
four-year sentence in CR-16-606599-A for an aggregate prison
term of eight years. The trial court issued a nunc pro tunc
sentencing entry in CR-16-607603-A on July 20, 2017.
On September 9, 2017, appellant filed the instant appeals
challenging his convictions. He assigns two errors for
I. The trial court erred in failing to comply with the
mandatory requirements of R.C. 2945.37(B).
II. The trial court erred in failing to comply with the
requirements of Crim.R. 11(C)(2)(a) & (b).
October 26, 2017, this court consolidated appellant's
Law and Analysis