from Logan County Common Pleas Court Trial Court No. CR 17 10
Samantha L. Berkhofer for Appellant
Robinson-Bond for Appellee
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.
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).
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
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).
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.
of Error No. I
Whether the trial court abused its discretion by failing to
accept defendants [sic] Alford Plea?
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, ...