Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Timmons

Court of Appeals of Ohio, Eighth District, Cuyahoga

July 19, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
TERRANCE TIMMONS, JR. DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-16-611004-A, CR-16-611131-A, and CR-16-611383-A

          ATTORNEY FOR APPELLANT Gregory Scott Robey Robey & Robey

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Shannon M. Musson Gregory J. Ochocki Assistant Prosecuting Attorneys

          BEFORE: S. Gallagher, J., E.T. Gallagher, P.J., and Stewart, J.

          JOURNAL ENTRY AND OPINION

          SEAN C. GALLAGHER, J.

         {¶1} Appellant Terrance Timmons, Jr., appeals his convictions and the sentences imposed in three underlying cases, Cuyahoga C.P. Nos. CR-16-611004-A, CR-16-611131-A, and CR-16-611383-A. Upon review, we affirm.

         {¶2} Appellant was indicted in the underlying cases for drug-related offenses occurring in August and October 2016. Appellant entered guilty pleas to some of the charges, with the remaining counts being nolled. He was sentenced to a total aggregate prison term on all three cases of 14.5 years.

         {¶3} In Cuyahoga C.P. No. CR-16-611004-A, appellant pled guilty to the following charges as amended: Count 1, drug trafficking (R.C. 2925.03(A)(2)), a felony of the fourth degree, with a one-year firearm specification; Count 3, drug trafficking (R.C. 2925.03(A)(2)), a felony of the fourth degree; Count 6, attempted having weapons while under disability (R.C. 2923.02/2923.13(A)(3)), a felony of the fourth degree; and all forfeiture specifications associated with those counts. The sentencing entry reflects appellant was sentenced to a total prison term of 66 months in the case, including 18 months on Count 1, plus 1 year on the gun specification to be served prior to and consecutive with the base charge; 18 months on Count 3; and 18 months on Count 6. The trial court ordered all counts to run consecutive to one another and to the sentences imposed in Cuyahoga C.P. No. CR-16-611383-A, for a total sentence in all three cases of 14.5 years.[1]

         {¶4} In Cuyahoga C.P. No. CR-16-611131-A, appellant pled guilty to drug possession (R.C. 2925.11), a felony of the fifth degree. The trial court sentenced appellant to a prison term of 12 months and ordered the sentence to run concurrent to Cuyahoga C.P. Nos. CR-16-611004-A and CR-16-611383-A.

         {¶5} In Cuyahoga C.P. No. CR-16-611383-A, appellant pled guilty to the following charges: Count 1, drug trafficking (R.C. 2925.03(A)(2)), a felony of the fourth degree; Count 3, drug trafficking (R.C. 2925.03(A)(2)), a felony of the third degree; Count 5, drug trafficking (R.C. 2925.03(A)(2)), a felony of the fourth degree; and Count 7, having weapons while under disability (R.C. 2923.13(A)(2)), a felony of the third degree; and all forfeiture specifications associated with those counts. The trial court sentenced appellant to a total prison term of 9 years in the case, including 18 months on Count 1; 36 months on Count 3, 18 months on Count 5; and 36 months on Count 7. The trial court ordered all counts to run consecutive to one another and to the sentences imposed in Cuyahoga C.P. No. CR-16-611004-A.

         {¶6} Appellant timely filed this appeal. He raises two assignments of error for our review. Under his first assignment of error, appellant claims the trial court erred by failing to fully advise him of his constitutional and statutory rights prior to accepting his guilty plea and that his plea was not knowingly, intelligently, and voluntarily made.

         {¶7} Appellant claims that the trial court failed to strictly comply with Crim.R. 11. He argues that although the trial court informed him of his right to be represented by counsel, the court did not advise him that if he could not afford to hire a lawyer, one would be appointed to represent him at no cost. He also argues that although the court advised him of his right to a jury trial, the court did not advise him that he could waive that right and elect to have a bench trial.

         {¶8} Additionally, appellant argues that the plea hearing was interrupted by a medical emergency and an exchange by the court with another defense attorney. Appellant further states that he expressed confusion during the plea hearing.

         {¶9} "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-Ohio-179, 660 N.E.2d 450. The standard of review for determining whether a plea was knowing, intelligent, and voluntary within the meaning of Crim.R. 11 for nonconstitutional issues is substantial compliance, and strict compliance for constitutional issues. State v. Nero,56 Ohio St.3d 106, 108, 564 N.E.2d 474 (1990), citing State v. Stewart,51 Ohio St.2d 86, 92-93, 364 N.E.2d 1163 (1977); see also State v. Veney, 120 Ohio St.3d 176, 2008-Ohio-5200, 897 N.E.2d 621. "Substantial compliance means that under the totality of the circumstances the defendant subjectively understands the implications of his plea and the rights he is waiving." Nero at 108. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.