Court of Appeals of Ohio, Twelfth District, Preble
CRIMINAL APPEAL FROM PREBLE COUNTY COURT OF COMMON PLEAS Case
P. Votel, Preble County Prosecuting Attorney, Gractia S.
Manning, for appellee
Bui, for appellant
1} Defendant-appellant, William McClellan, appeals
from his conviction and sentence in the Preble County Court
of Common Pleas following his guilty plea to multiple violent
felony offenses. For the reasons outlined below, we affirm.
2} On September 12, 2017, a Preble County Grand Jury
indicted McClellan on 18 counts after he engaged in a crime
spree that included two assaults, an escape from inside a
police cruiser, and a multi-jurisdiction manhunt.
3} During the pendency of this matter, McClellan was
also subject to unrelated prosecution in Montgomery County.
On April 17, 2018, McClellan was sentenced to 270 days in
prison by the Montgomery County Court of Common Pleas. The
trial court in that case credited McClellan with 194 days of
jail time credit for pretrial incarceration. Thus, as of the
time of the Montgomery County sentencing, McClellan was
subject to an additional 76 days of incarceration until the
expiration of that term.
4} On August 15, 2018, after entering into a plea
agreement, McClellan pled guilty to nine counts for felonious
assault, kidnapping, aggravated robbery, escape, aggravated
burglary, and grand theft of a firearm. The trial court
accepted McClellan's plea as voluntary, intelligent, and
knowing. In a sentencing memorandum, McClellan acknowledged
the agreed sentencing range of 12 to 15 years. On September
24, 2018, the trial court sentenced McClellan to a 13-year
prison term and credited him with 85 days pretrial
confinement credit. McClellan now appeals, raising two
assignments of error for review.
5} Assignment of Error No. 1:
6} THE TRIAL COURT ERRED IN ACCEPTING THE GUILTY
PLEAS WITHOUT A STATEMENT OF FACTS SUPPORTING THE OFFENSES.
7} In his first assignment of error, McClellan
argues the trial court erred in accepting his guilty plea
because the state failed to offer any facts into evidence in
violation of R.C. 2937.07, which expressly requires a
recitation of facts as a prerequisite to a knowing and
voluntary guilty plea in misdemeanor cases. We find
McClellan's argument to be without merit.
8} In this case, McClellan pled guilty to nine
felony counts. By its express terms, R.C. 2937.07 applies
only to misdemeanor offenses. With the exception to cases
involving aggravated murder, Crim. R. 11 states that
"the court need not take testimony upon a plea of guilty
or no contest." This conclusion is further supported by
reference to the 2012 Staff Notes annotating Crim. R. 11,
which expressly references R.C. 2937.07 and its application
to misdemeanor offenses. There is no corresponding
requirement in the Ohio Revised Code for felony offenses. As
a result, the additional requirements for m isdemeanor
offenses is not applicable to this case and McClellan's
reliance thereon in misplaced.
9} To the contrary, it is well established that a
guilty plea "is a complete admission of the
defendant's guilt." Crim.R. 11(B)(1); State v.
Bach, 12th Dist. Warren No. CA2005-05-057,
2006-Ohio-501, ¶ 5. By entering a guilty plea, McClellan
admitted guilt of the substantive crime. State v.
Fuller, 12th Dist. Butler No. CA2008-09-240,
2009-Ohio-5068, ¶ 105. "Consequently, there is no
evidence to consider, and the trial court was not required to
determine whether a factual basis existed to support the
guilty plea, prior to entering judgment on that plea."
State v. Isbell, 12th Dist. Butler No.
CA2003-06-152, 2004-Ohio-2300, ¶ 16. Therefore, as his
guilty plea serves as a complete admission of his guilt,
McClellan's first assignment of error is without merit