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State v. Curtis

Court of Appeals of Ohio, Fifth District, Muskingum

June 26, 2019

STATE OF OHIO Plaintiff-Appellee
v.
RODNEY CURTIS Defendant-Appellant

          Criminal appeal from the Muskingum County Court of Common Pleas, Case No.CR2015-0117

          For Plaintiff-Appellee D. MICHAEL HADDOX, PROSECUTOR BY: TAYLOR P. BENNINGTON ASSISTANT PROSECUTOR

          For Defendant-Appellant RODNEY A. CURTIS.

          Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          GWIN, P.J.

         {¶1} Appellant Rodney A. Curtis ["Curtis"] appeals from the December 7, 2018 Judgment Entry of the Muskingum County Court of Common Pleas overruling his second petition for post-conviction relief.

         Facts and Procedural History

         {¶2} Curtis was indicted on or about March 18, 2015, on 63 counts of Illegal Use of Minor in Nudity Oriented Material or Performance, each a felony of the second degree and 11 counts of Sexual Battery, each a felony of the third degree. He retained counsel to represent him.

         {¶3} On or about October 5, 2015, Curtis entered a negotiated plea guilty to counts 1, 2, 3, 5, 6, 7, 9, 11, 12, 13, 64, 68, and 74. In exchange for his plea, the state dismissed the remaining 61 counts.

         {¶4} On November 23, 2015, Curtis was sentenced to an aggregate prison sentence of eleven years[1]. Curtis did not file a direct appeal, though he attempted to file a delayed appeal on November 23, 2016. This Court denied Curtis' motion to file a delayed appeal by Judgment Entry filed January 3, 2017 in Case No. 16-62.

         {¶5} On November 23, 2016, Curtis also filed a Petition for Post-Conviction Relief in the trial court. On February 13, 2018, the trial court issued a seven-page entry denying Curtis' petition for post-conviction relief. This Court affirmed the trial court's decision. State v. Curtis, 5th Dist. Muskingum No. CT2018-0014, 2018-Ohio-2822 ["Curtis I"].

         {¶6} On November 8, 2018, Curtis filed a Motion for Successive Post-Conviction relief. On December 7, 2018, the trial court overruled Curtis' motion.

         Assignments of Error

         {¶7} Curtis raises four Assignments of Error, {¶8} "I. APPELLANT WAS DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS WHERE COUNSEL PREVENTED APPELLANT FROM DISCOVERING THE FACTS ABOUT A JOINT RECOMMENDATION PLEA OFFER OF SEVEN (7) YEARS THAT CHANGED THE OUTCOME OF THE PROCEEDINGS, AND PREVENTED APPELLANT FROM SERVING A LESSER PENALTY IN VIOLATION OF THE UNITED STATES AND OHIO CONSTITUTION, THUS, CAUSING APPELLANT TO ENTER A GUILTY PLEA THAT WAS LESS THAN KNOWING, VOLUNTARY, AND INTELLIGENTLY.

         {¶9} "II. APPELLANT WAS DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS WHEN HE TOLD APPELLANT THAT HE "DOES NOT ALLOW HIS CLIENTS TO DO NO-CONTEST PLEAS, IT'S EITHER GUILTY OR NOT GUILTY.

         {¶10} "III. THE STATE ENGAGED IN PROSECUTORIAL MISCONDUCT IN VIOLATION OF THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES AND OHIO CONSTITUTION DEPRIVING APPELLANT OF A FAIR TRIAL/PROCEEDING WHEN THE PROSECUTOR TOLD THE TRIAL COURT, AND COURT OF APPEALS, THAT THERE WAS "A JOINT RECOMMENDATION OF SEVEN (7) YEARS" DESPITE NO SUCH RECORD BEING IN EXISTENCE TO PERSUADE BOTH COURT'S TO DENY APPELLANT'S 2953.21.

         {¶11} "IV. THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION WHEN IT DENIED APPELLANT'S 2953.21 PETITION DENYING APPELLANT DUE PROCESS"

         STANDARD OF APPELLATE REVIEW - ...


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