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State v. Wilson

Court of Appeals of Ohio, Ninth District, Summit

June 27, 2018

STATE OF OHIO Appellee
v.
DEREECE WILSON Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2015-07-2285

          NICHOLAS SWYRYDENKO, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, Presiding Judge.

         {¶1} Defendant-Appellant, Dereece Wilson appeals his conviction for involuntary manslaughter in the Summit County Court of Common Pleas. We affirm.

         I.

         {¶2} Wilson's charges stem from his sale of fentanyl to J.E., who died as a result of an overdose from using those drugs. Consequently, the Summit County Grand Jury indicted Wilson on one count of aggravated trafficking in drugs in violation of R.C. 2925.03(A)/(C)(1), a felony of the fourth degree, and one count of aggravated possession of drugs in violation of R.C. 2925.11(A)/(C)(1), a felony of the fifth degree, one count of involuntary manslaughter in violation of R.C. 2903.04(A), a felony of the first degree, one count of corrupting another with drugs in violation of R.C. 2925.02(A)(3), a felony of the second degree, and one count of aggravated trafficking in drugs in violation of R.C. 2925.03(A)/(C)(1), a felony of the third degree.

         {¶3} Pursuant to a plea agreement, Wilson ultimately pleaded guilty to the charges of involuntary manslaughter and aggravated possession of drugs and the remaining charges were dismissed. In exchange for Wilson's plea, the prosecutor agreed to recommend a sentence of not more than six years. The trial court accepted the guilty plea after conducting a Crim.R. 11 colloquy with Wilson and thereafter ordered a presentence investigation. The trial court ultimately sentenced Wilson to nine years imprisonment on the manslaughter charge and one year imprisonment of the aggravated possession of drugs charge, with the sentences to be served concurrently.

         {¶4} Wilson filed this timely appeal, raising one assignment of error for our review.

         II.

         Assignment of Error

         [Wilson]'s guilty plea to involuntary manslaughter was not made knowingly, intelligently, and voluntarily.

         {¶5} In his sole assignment of error, Wilson contends that his guilty plea to involuntary manslaughter was not made knowingly, intelligently, and voluntarily because although the trial court informed him of the maximum sentences that could be imposed, the court did not inform him that it was not bound to impose the terms agreed upon by the plea agreement. We disagree.

         {¶6} "When a defendant enters a plea in a criminal case, the plea must be made knowingly, intelligently, and voluntarily." State v. Engle, 74 Ohio St.3d 525, 527 (1996). In order to ensure that a plea conforms to these high standards, a trial court must engage a defendant in a colloquy as described in Crim R. 11(C). State v. Clark,119 Ohio St.3d 239, 2008-Ohio-3748, ¶ 26. "In conducting this colloquy, the trial judge must convey accurate information to the defendant so that the defendant can understand the consequences of his * * * plea." Id. The Supreme Court of Ohio has urged literal compliance with the mandates of Crim.R. 11. Id. at ΒΆ 29. "However, in the absence of literal compliance, 'reviewing courts must engage in a multitiered analysis to determine whether the trial court failed to explain the defendant's constitutional or nonconstitutional rights and, if ...


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