Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-17-624367-A
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Frank Romeo Zeleznikar, Assistant Prosecuting
Attorney, for appellee.
A Rein, for appellant.
JOURNAL ENTRY AND OPINION
LASTER MAYS, J.
Defendant-appellant Charles Gooden ("Gooden")
appeals his convictions for multiple sexual assault and
related charges involving a victim under the age of 13 years
old. We affirm the trial court's judgment.
Background and History
2} On January 5, 2018, Gooden was indicted for
multiple rape and kidnapping charges including sexual
motivation specifications and witness intimidation. On July
19, 2018, Gooden entered a guilty plea to:
Rape, R.C. 2907.02(A)(2), a first-degree felony, as amended
in Counts 1 and 3 of the indictment;
Attempted rape, R.C. 2923.02/2907.02(A)(2), a second-degree
felony as amended in Count 5 of the indictment;
Intimidation of crime victim or witness, R.C. 2921.04(B), a
third-degree felony, as charged in Count 8 of the indictment.
entry No. 104672454 (July 19, 2018). Counts 2, 4, 6, and 7
3} The charges involved alleged sexual activity
between then 14-year-old Gooden and a 10-year-old female
relative. Gooden is charged as an adult because he was 21
years of age at the time of the disclosure. According to the
record, the date of the offense is listed as January 1, 2013,
and the case was filed December 19, 2017, nine days after
Gooden's twenty-first birthday.
4} The morning of the July 19, 2018 trial date,
Gooden waived his right to a jury trial and the parties
discussed the charges and a potential plea agreement. During
that exchange, defense counsel stated for the record:
It's also my understanding between discussions with the
[c]ourt and the prosecutor and myself, and I advised my
client as well, that the [c]ourt is looking between five and
seven years as a sentence in this case to run concurrent with
the three years he's already received on his three other
cases, I believe. So, based upon that, he does want to plead
guilty at this time.
13.) The state added, "just to be clear, there
wasn't an agreed sentence between the parties."
5} The following exchange occurred during the
Court: Has anyone made you any promises, threatened you, or
offered you anything in order to cause you to enter into this
plea other than what we've put on the record today in
Court: What's that?
Defendant: What me - what we discussed earlier?
Defense Counsel: The possible sentence we discussed.
Court: Yeah, that's been put on the record. ...