Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Municipal Court No. 2018-CRB-5564
TROY
B. DANIELS, Atty. Reg. No. 0084957 and LARHONDA L. CARSON,
Atty. Reg. No. 0080273, Assistant Prosecuting Attorneys,
Attorneys for Plaintiff-Appellee
CARL
BRYAN, Atty. Reg. No. 0086838, Attorney for
Defendant-Appellant
OPINION
DONOVAN, J.
{¶
1} Amber White appeals from her October 18, 2018
judgment entry of conviction, following a plea of guilty to
unlawful restraint. She was sentenced to 60 days in jail,
with 60 days suspended, and the court imposed a term of basic
supervision for one year. The court ordered White to complete
a psychological assessment and any recommended treatment and
ordered her trespassed from Grandview Hospital. The court
imposed a fine of $200 and suspended $175, leaving a fine of
$25, plus court costs. We hereby affirm the judgment of the
trial court.
{¶
2} White was charged by way of complaint on
September 4, 2018, with assault, in violation of R.C.
2903.13(A), a misdemeanor of the first degree. The complaint
alleged that White committed the offense on September 3,
2018, by striking and kicking Simon Finley. Finley
subsequently obtained a temporary criminal protection order
("CPO") against White, but Finley did not appear at
White's September 7, 2018 arraignment and hearing on the
CPO, at a September 25, 2018 pretrial, or at the trial/plea
hearing scheduled for October 16, 2018. Pursuant to a plea
agreement, White pled guilty to the amended charge of
unlawful restraint on October 16, 2018.
{¶
3} At the plea hearing, the prosecutor advised the
court that the State was willing to amend the charge to
unlawful restraint, a misdemeanor of the third degree, and
White pled guilty to that charge. The court advised White
that a plea of guilty was a complete admission of guilt.
White indicated that no threats or promises were made to
induce her plea. The State then recited the following facts:
"The incident happened at Grandview Hospital at 405 West
Grand Avenue * * * Miss White was in the hospital with a
family member. She came into contact with a gentleman by the
name of Simon Finley and at one point struck him in the face
and then followed him out and continued to strike him
resulting in the charges." White acknowledged her
understanding of the facts as recited and the possible
maximum penalty of 60 days of incarceration and possible
maximum fine of $500. The court advised White that she had
the right to have her case tried by a judge or jury and to
question the witnesses that would testify against her, the
right to present evidence on her own behalf and to subpoena
witnesses to appear in court, that she did not have to
testify on her behalf, and that the State could not force her
to do so. Finally, the court informed White that the State
would be required to prove each and every element of the
offense of unlawful restraint beyond a reasonable doubt.
{¶
4} White acknowledged her understanding to the court
and entered her plea. The court accepted her plea and found
that it was made voluntarily, knowingly, and intelligently.
{¶
5} Counsel for White then advised the court that the
complaining witness and White used to be friends. He further
explained:
* * * Earlier in the year [Finley] drove her vehicle while
drunk and totaled it and he plead out to that OVI because
that vehicle was totaled and she didn't have
transportation any more. She lost her job. She lost her
housing. She was at the hospital because her son just
attempted to commit suicide. She saw the complaining witness
and it caught her off guard and this incident happened. She
shouldn't have - her behavior was unacceptable and
that's why she is pleading guilty today but there were
things that went along with that. She is getting counseling
right now. We have a letter from her therapist so she is
doing that. She does work as an STNA. That's why we
worked out the unlawful restraint offer so she would not lose
her job.
{¶
6} The trial court found White guilty and imposed
sentence as described above. The trial court granted a stay
of execution of White's sentence on December 5, 2018.
{¶
7} In her brief, White argues that defense counsel
was ineffective for not requesting the case be dismissed when
the State failed three times to produce its complaining
witness, and White was "thereby prejudiced in so far as
she nevertheless pleaded guilty on advice of
counsel."[1] She asserts that the trial court would
have acted within its discretion to dismiss the case had her
counsel made such a request. According to White,
"[b]ecause defense counsel failed to make what would
have been a reasonable request for a dismissal [she] felt
compelled, against her better judgment, to enter a
plea."
{¶
8} The State responds that White waived this issue
for appeal when she entered her guilty plea, and even if it
was not waived, the argument is without merit. We agree with
the State.
{¶
9} "A plea of guilty is a complete admission of
guilt." State v. Howard, 2d Dist. Montgomery
No. 27941, 2018-Ohio-5160, ΒΆ 12. As ...