Shawn Stratton, Portsmouth, Ohio, for Appellant.
Kelley, Adams County Prosecuting Attorney, and Kris D.
Blanton, Assistant Prosecuting Attorney, West Union, Ohio,
DECISION AND JUDGMENT ENTRY
P. SMITH, PRESIDING JUDGE
Appellant, Dina Lewis, appeals her conviction and sentence
for Engaging in a Pattern of Corrupt Activity, a first-degree
felony in violation of R.C. 2923.32. On appeal, she contends
that the trial court erred by sentencing her to a ten-year
prison term on a first-degree felony. However, because we
find Appellant's guilty plea waived any defect in the
indictment and also served as an admission to the predicate
acts underlying her Engaging in a Pattern of Corrupt Activity
charge, we find no merit to her argument that the trial court
erred in sentencing her. Accordingly, Appellant's sole
assignment of error is overruled and the judgment of the
trial court is affirmed.
Appellant was indicted on three felony drug charges as well
as one count of Engaging in a Pattern of Corrupt Activity on
March 23, 2018. This matter was ultimately disposed of by a
plea agreement that involved Appellant's agreement to
plead guilty to count four of the four-count indictment,
which charged her with first-degree felony Engaging in a
Pattern of Corrupt Activity, in exchange for the dismissal of
counts one through three of the indictment. Counts one
through three of the indictment contained the following
charges: 1) Aggravated Possession of Drugs with major drug
offender and forfeiture specifications, a first-degree felony
in violation of R.C. 2925.11(A); 2) Aggravated Possession of
Drugs with a forfeiture specification, a second-degree felony
in violation of R.C. 2925.11(A); and 3) Aggravated
Trafficking in Drugs with major drug offender and forfeiture
specifications, a first-degree felony in violation of R.C.
2925.03(A)(1). There was no agreement regarding
At the change of plea hearing held on June 4, 2018, Appellant
testified at length regarding the offenses she had committed.
She testified that between the time period of approximately
March 1, 2017 until March 9, 2018 she sold methamphetamine in
Adams County, Ohio. She testified that she would mail money
to a friend in Bakersfield, California and in return her
friend would mail her methamphetamine. She testified that she
initially only bought an ounce at a time, but over time she
worked up to buying fifteen ounces at a time. She testified
that she paid $3800.00 for fifteen ounces and sold it for
$675.00 an ounce on the street. She explained that she and
her friend utilized several different shipping companies,
including Fed Ex and UPS. She testified that she received a
shipment about once a week. She further testified that
sometimes people came to her house to buy methamphetamine,
and sometimes she met them in public places such as
McDonald's, Walmart parking lots, or a church. She also
testified that when she was initially arrested, she had
$2810.00 with her that she had received from trafficking
Before accepting Appellant's guilty plea and orally
dismissing counts one through three, the trial court inquired
as to whether defense counsel believed that each and every
essential element of the underlying offense and specification
warranted the court's acceptance of her guilty plea.
Defense counsel responded in the affirmative. Thereafter the
following exchange took place on the record:
COURT: * * * Ms. Lewis acknowledging that the underlying
events would have been set forth originally in counts I and
Aggravated Possession of Drugs and Aggravated Trafficking in
Methamphetamine. Uh, Ms. Lewis uh, still while under oath
provided a factual basis touching upon each and every
essential element of the offense of Count IV.
State of Ohio do you stipulate that Methamphetamine is a
Schedule II Controlled Substance and that the amounts in this
period of Engaging in a Pattern of Corrupt Activity equaled
or exceed, exceeding 100 times the bulk amount?
PROSECUTOR KELLEY: Yes, Your Honor.
COURT: Mr. Cornely do you stipulate to that ...