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State v. Harian

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 24, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CLARENCE K. HARIAN DEFENDANT-APPELLANT

          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 Prosecuting Attorney

          BEFORE: Celebrezze, J., Stewart, P.J., and Boyle, J.

          JOURNAL ENTRY AND OPINION

          FRANK D. CELEBREZZE, JR., J.

         {¶1} 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.

         I. Factual and Procedural History

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} On September 9, 2017, appellant filed the instant appeals challenging his convictions. He assigns two errors for review:

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).

         On October 26, 2017, this court consolidated appellant's appeals.

         II. Law and Analysis

         A. ...


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