State v. Matthews, Unpublished Decision (3-20-1998)
State v. Matthews, Unpublished Decision (3-20-1998)
Opinion of the Court
* * * * * Appellant, William F. Matthews, appeals his conviction and sentence for attempted gross sexual imposition rendered by the Ottawa County Court of Common Pleas on July 22, 1997. Appellant pled guilty to the charge, but now contends his plea was not knowingly and intelligently made because the court failed to inform him that he could be found to be a sexually oriented offender and subject to a post-release registration requirement. He also complains that his twelve month sentence, the maximum sentence possible for a fifth degree felony, is improper absent an express determination that imposing the shortest prison sentence available would demean the seriousness of the offense.
Pursuant to 6th Dist.Loc.App.R. 12(C), we sua sponte transfer this matter to our accelerated docket and, hereby, render our decision.
Appellant's first assignment of error is not well-taken. In his written plea agreement, which is part of the record, appellant was specifically informed that he might be deemed a sexual offender and subject to post-release registration requirements. He was again informed of this orally at his sentencing hearing and offered no objection. On this record, we can only conclude that there was substantial compliance with Crim.R. 11 and that there is no evidence that appellant was denied any essential information prior to sentencing.
Appellant's second assignment of error is also not well-taken. R.C.
On consideration, the judgment of the Ottawa County Court of Common Pleas is affirmed. Costs to appellant.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
_______________________________ George M. Glasser, J. JUDGE
_______________________________ Melvin L. Resnick, J. JUDGE
_____________________________ James R. Sherck, J. JUDGE
CONCUR.
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