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State v. Short

Court of Appeals of Ohio, Third District, Logan

August 19, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
BRADLEY SCOTT SHORT, DEFENDANT-APPELLANT.

          Appeal from Logan County Common Pleas Court Trial Court No. CR 17 10 0337

         Judgment Affirmed

          Samantha L. Berkhofer for Appellant

          Alice Robinson-Bond for Appellee

          OPINION

          ZIMMERMAN, P.J.

         {¶1} Defendant-appellant, Bradley Scott Short ("Short"), appeals the February 26, 2019 judgment entry of sentence of the Logan County Court of Common Pleas. We affirm.

         {¶2} On October 10, 2017, the Logan County Grand Jury indicted Short on Count One of rape in violation of R.C. 2907.02(A)(2), a first-degree felony, and Count Two of gross sexual imposition in violation of R.C. 2907.05(A)(4), a third-degree felony. (Doc. No. 1). On January 16, 2018, Short appeared for arraignment and entered pleas of not guilty. (Doc. No. 15). On March 13, 2018, under a superseding indictment, the Logan County Grand Jury indicted Short on a sexually violent predator specification under R.C. 2941.148(A) as to Count One, with Count Two remaining unchanged. (Doc. No. 28). On March 16, 2018, Short appeared for arraignment and entered pleas of not guilty to the new indictment. (Doc. No. 52).

         {¶3} On May 15, 2018, Short withdrew his pleas of not guilty and entered a guilty plea, under a written plea agreement, to an amended Count One. (Doc. No. 101). In exchange for his change of plea, the State agreed to amend Count One to attempted rape in violation of R.C. 2923.02, 2907.02(A)(2), a second-degree felony, and dismiss Count Two. (Id.). The trial court accepted Short's guilty plea and dismissed Count Two. (Id.). However, the trial court did not dispose of the sexually violent predator specification.

         {¶4} Ultimately, the trial court sentenced Short to eight years in prison and classified Short as a Tier III sex offender. (Doc. Nos. 102, 103). Short appealed the trial court's judgment entry of sentence, and we dismissed Short's appeal after concluding that we did not have jurisdiction to hear the matter. (Doc. Nos. 109, 110, 111, 112, 113). On remand, the trial court filed its nun pro tunc judgment entry dismissing the sexually violent predator specification under R.C. 2941.148(A) as to Count One in the superseding indictment, and confirmed Short's sentence of eight years in prison and sex offender classification. (Doc. Nos. 123, 127).

         {¶5} Short filed a notice of appeal on April 12, 2019, and raises two assignments of error for our review. (Doc. No. 129). For ease of discussion, we will discuss Short's assignments of error together.

         Assignment of Error No. I

Whether the trial court abused its discretion by failing to accept defendants [sic] Alford Plea?

         Assignment of Error No. II

Whether the Trial Court abused its discretion when defendant's change of plea to Guilty following a denial of an Alford plea was knowingly, ...

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