Court of Appeals of Ohio, Second District, Montgomery
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
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.
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
The Court: Is that what you want to do today?
* * *
The Court: * * * How far did you go in school?
The Court: Were you able to read and understand the plea ...