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. Wilson

Court of Appeals of Ohio, Eighth District, Cuyahoga

July 3, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
RICHARD WILSON, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-610385-A

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Brian Lynch, Assistant Prosecuting Attorney, for appellee.

          Myriam A Miranda, for appellant

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE

         {¶ 1} Defendant-appellant Richard Wilson ("Wilson"), appeals his guilty plea and conviction, and asks this court to vacate his conviction and find that he was denied effective assistance of counsel. After a review of the record, we affirm.

         {¶ 2} Wilson pleaded guilty to one count of felonious assault, a second-degree felony, in violation of R.C. 2903.11, and to a one-year firearm specification, in violation of R.C. 2941.141. Wilson was sentenced to two years in prison on the felonious assault and one-year for the firearm specification for an aggregate of three years in prison. The trial court awarded Wilson 365 days of jail-time credit.

         I. Facts and Procedural History

         {¶ 3} The facts adduced reveals that on December 18, 2015, Wilson entered the residence of the victim, Christopher Baldwin ("Baldwin") while Baldwin was playing video games with several friends. Once inside, Baldwin claimed that Wilson had a gun in his hand, struck Baldwin in the head, and fired his gun several times. One of the bullets grazed Baldwin's shoulder. Baldwin fought his way free and ran to a neighbor's house and called 911. When police arrived on the scene, two shell casings and a bullet fragment were recovered in Baldwin's living room. The detectives submitted the evidence to the Cuyahoga County Regional Forensic Laboratory ("CCRFSL") for testing.

         {¶ 4} Wilson was not arrested and fled to Iowa with his girlfriend. Wilson was subsequently arrested in Iowa on a separate firearm charge on March 21, 2016. Ballistics comparison concluded that the firearm recovered in Iowa was the firearm used in the Baldwin incident. Additionally, one of Wilson's accomplices identified Wilson as Baldwin's shooter. Wilson was indicted on November 8, 2016, on two counts of aggravated burglary, with one- and three-year firearm specifications; two counts of aggravated robbery, with one- and three-year firearm specification; one count of kidnapping, with one- and three-year firearm specifications; two counts of felonious assault, with one- and three-year firearm specifications; and one count of having a weapon while under disability.

         {¶ 5} Wilson's arraignment was scheduled for November 23, 2016, but he failed to appear, and a warrant was issued for his arrest. At the time of the indictment and arraignment, Wilson, unknown to the state of Ohio, was incarcerated in Iowa on another matter. After Wilson completed his sentence in Iowa, he was arrested again on a probation violation in Iowa in November 2017. It was at that time that Iowa discovered there was a warrant for Wilson in Ohio. Cuyahoga County took Wilson into custody on April 28, 2018, and he was arraigned on May 1, 2018. According to the docket, pretrials were held thereafter on May 4 and 17, June 7 and 26, July 10 and 24, August 13 and 20, and September 26, 2018. All of the pretrials were continued at Wilson's request. Trial was originally scheduled for September 10, 2018, however it was rescheduled for October 2, 2018 at Wilson's request.

         {¶ 6} On October 2, 2018, Wilson pleaded guilty to one count of felonious assault with a one-year firearm specification. Wilson was sentenced to three years in prison for the felonious assault and one-year for the firearm specification. The trial court awarded Wilson 365 days of jail-time credit, which included the five months he awaited extradition in Iowa.

         {¶ 7} Wilson has filed this appeal assigning two errors for our review:

         I. Appellant was denied the effective assistance of counsel; and, II. Appellant's plea was not entered in accordance to Crim.R. 11.

         II. Ineffective Assistance of Counsel

         A. Standard of Review

         {¶ 8} To establish a claim for ineffective assistance of counsel, Wilson must show that

his trial counsel's performance was deficient and that the deficient performance prejudiced his defense. State v. Drummond, 111 Ohio St.3d 14, 2006-Ohio-5084, ¶ 205, 854 N.E.2d 1038, citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Prejudice is established when the defendant demonstrates "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Strickland at 694.

State v. Salti, 8th Dist. Cuyahoga No. 106834, 2019-Ohio-149, ¶ 66.

         B. Whether the Appellant was Denied the Effective Assistance of Counsel when his Counsel did not File a Motion to Dismiss for Lack of Speedy Trial

         {¶ 9} Wilson claims that his trial counsel was ineffective because counsel failed to file a motion to dismiss for want of speedy trial.

Generally, the failure to raise the violation of speedy trial rights in the trial court constitutes a waiver of the defense on appeal. However, a defendant may raise a speedy trial claim in the context of a claim of ineffective assistance of counsel. Cleveland v. White, 8th Dist. Cuyahoga No. 99375, 2013-Ohio-5423, ¶ 7. And in order to demonstrate that counsel provided ineffective assistance of counsel by failing to file a motion to dismiss for speedy trial violations, the defendant must show that the motion would have been successful and the case would likely have been dismissed. Id. "Counsel cannot be [ineffective] for failing to file a fruitless motion." State v. Cottrell, 4th Dist. Ross Nos. 11CA3241 and 11CA3242, 2012-Ohio-4583, ¶ 8.

State v. Mango, 8th Dist. Cuyahoga No. 103146, 2016-Ohio-2935, ¶ 18.

         {¶ 10} According to the record, Wilson was arrested in the state of Iowa for a probation violation in November 2017 and awaited extradition on this case until he was brought to Ohio on April 29, 2018.

The Sixth Amendment to the United States Constitution and Section 10, Article I of the Ohio Constitution guarantee a criminal defendant the right to a speedy trial. This guarantee is implemented in R.C. 2945.71, which provides the specific time limits within which a person must be brought to trial. State v. Blackburn, 118 Ohio St.3d 163, 2008-Ohio-1823, 887 N.E.2d 319, ¶ 10.
A defendant charged with a felony must be brought to trial within 270 days of his or her arrest. R.C. 2945.71(C)(2). However, "each day during which the accused is held in jail in lieu of bail on the pending charge shall be counted as three days." R.C. 2945.71(E). This is referred to as the triple count provision. State v. Wright, 7th Dist. Mahoning No. 15 MA 0092, 2017-Ohio-1211, ΒΆ 29, ...

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.