Court of Appeals of Ohio, Fifth District, Muskingum
from the Muskingum County Court of Common Pleas, Case No.
Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney.
P. BENNINGTON Assistant Prosecuting Attorney.
Defendant-Appellant, JAMES A. ANZELMO Anzelmo Law.
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, J.
Defendant-appellant Kenneth E. Crookshanks II appeals his
sentence from the Muskingum County Court of Common Pleas.
Plaintiff-appellee is the State of Ohio.
OF THE FACTS AND CASE
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.
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.
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.
Appellant now appeals, raising the following assignments of
"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."
"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."
"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."
Appellant, in his first assignment of error, argues that his
guilty plea was not knowing, intelligent and voluntary.
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 ...