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State v. Ashley

Court of Appeals of Ohio, Second District, Montgomery

December 6, 2019

STATE OF OHIO Plaintiff-Appellee
v.
JAMAL ASHLEY Defendant-Appellant

          Criminal Appeal from Common Pleas Court No. 2019-CR-261

          MATHIAS H. HECK, JR., by LISA M. LIGHT, Atty. Reg. No. 0097348, Montgomery County Prosecutor's Office, Appellate Division, Attorney for Plaintiff-Appellee

          KRISTIN L. ARNOLD, Atty. Reg. No. 0088794, Attorney for Defendant-Appellant

          OPINION

          FROELICH, J.

         {¶ 1} Jamal Ashley appeals from a judgment convicting him of having weapons while under disability (prior offense of violence), contending that his guilty plea to that offense was not knowingly, intelligently, and voluntarily made. The judgment of the trial court will be affirmed.

         Factual and Procedural Background

         {¶ 2} Ashley was indicted by a Montgomery County grand jury on one third-degree felony count of domestic violence in violation of R.C. 2919.25(A), and one third-degree felony count of having weapons while under disability (prior offense of violence) in violation of R.C. 2923.13(A)(2). He initially entered a plea of not guilty to both offenses. Ashley's appointed counsel requested and was granted a mental competency evaluation on his behalf. The parties stipulated to the resulting report, and the trial court on April 9, 2019 found Ashley competent to stand trial.

         {¶ 3} On the same date, pursuant to a plea agreement between the parties, the court proceeded to take Ashley's guilty plea, as follows:

The Court: * * * It's my understanding, then, that * * * the State has agreed to dismiss the domestic violence, F3. The defendant will plead to having weapons while under disability, a felony of the third degree, and that [sic] there is no agreement as to sentence. The Court will order a presentence investigation. The defendant will be back in three weeks on April 30th for sentencing.
Is that the State's agreement and understanding? [Assistant prosecutor]: Yes, Your Honor. Thank you.
The Court: And, [defense counsel]?
[Defense counsel]: Yes, Your Honor.
The Court: Mr. Ashley, is [that] your agreement and understanding?
[Ashley]: Yes.
The Court: Is that what you want to do today?
[Ashley]: Yes.
* * *
The Court: * * * How far did you go in school?
[Ashley]: 12th.
The Court: Were you able to read and understand the plea ...

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