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State v. Crookshanks

Court of Appeals of Ohio, Fifth District, Muskingum

August 26, 2019

STATE OF OHIO, Plaintiff - Appellee
v.
KENNETH E. CROOKSHANKS II, Defendant-Appellant

          Appeal from the Muskingum County Court of Common Pleas, Case No. CR2017-0377

         JUDGMENT: Affirmed.

          For Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney.

          TAYLOR P. BENNINGTON Assistant Prosecuting Attorney.

          For Defendant-Appellant, JAMES A. ANZELMO Anzelmo Law.

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Defendant-appellant Kenneth E. Crookshanks II appeals his sentence from the Muskingum County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On October 18, 2017, the Muskingum County Grand Jury indicted appellant on one count of aggravated arson in violation of R.C. 2909.02(A)(2), a felony of the second degree. The offense was accompanied by a repeat violent offender specification pursuant to R.C. 2941.149. The indictment indicated that appellant, in 2012, had been convicted of arson of an occupied structure in Florida, a felony of the first degree. At his arraignment on October 25, 2017, appellant entered a plea of not guilty.

         {¶3} Thereafter, on February 23, 2018, appellant pleaded guilty to the arson charge with the repeat violent offender specification. At the plea hearing, the trial court advised appellant that the repeat violent offender specification "carries with it a maximum stated prison term of 1 through 10 years in one-year increments, and if it's imposed, it is mandatory consecutive to the underlying offense." Transcript of February 23, 2018 hearing at 8. (Emphasis added).

         {¶4} As memorialized in an Entry filed on April 11, 2018, appellant was sentenced to eight (8) years in prison for the arson offense and to five (5) years in prison for the specification. The trial court stated that it was mandatory that appellant serve the sentences consecutively, for an aggregate prison term of thirteen (13) years. The trial court also ordered appellant to pay court costs.

         {¶5} Appellant now appeals, raising the following assignments of error appeal:

         {¶6} "I. KENNETH CROOKSHANKS DID NOT KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY PLEAD GUILTY TO AGGRAVATED ARSON WITH A REPEAT VIOLENT OFFENDER SPECIFICATION IN VIOLATION OF HIS DUE PROCESS RIGHTS UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND SECTION SIXTEEN, ARTICLE ONE OF THE OHIO CONSTITUTION."

         {¶7} "II. THE TRIAL COURT UNLAWFULLY ORDERED KENNETH CROOKSHANKS TO SERVE CONSECUTIVE SENTENCES, IN VIOLATION OF HIS RIGHTS TO DUE PROCESS, GUARANTEED BY SECTION 10, ARTICLE 1 OF THE OHIO CONSTITUTION AND THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION."

         {¶8} "III. KENNETH CROOKSHANKS RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL, IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND SECTION 10, ARTICLE 1 OF THE OHIO CONSTITUTION."

         I

         {¶9} Appellant, in his first assignment of error, argues that his guilty plea was not knowing, intelligent and voluntary.

         {¶10} Crim. R. 11 requires guilty pleas to be made knowingly, intelligently and voluntarily. Crim.R. 11(C)(2) details the trial court's duty in a felony plea hearing to address the defendant personally and to convey certain information to such defendant; the Rule prohibits acceptance of a plea of guilty or no contest without ...


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