State v. Oliver, Unpublished Decision (12-4-2000)
State v. Oliver, Unpublished Decision (12-4-2000)
Opinion of the Court
On October 7, 1998, appellant was indicted in case number 98-CR-005446 on two counts of selling or offering to sell marijuana in violation of R.C.
While these charges were pending, appellant was indicted in neighboring Hamilton County for possession of cocaine. Based upon evidence obtained during the Hamilton County investigation, authorities secured a warrant to search a storage facility appellant rented in Clermont County where they discovered additional cocaine.
As a result of that search, appellant was indicted in case number 99-CR-005068 on February 17, 1999 on two counts of possession of cocaine contrary to R.C.
On September 15, 1999, the trial court conducted a hearing on appellant's motion to suppress in case number 98-CR-005446. At the conclusion of the hearing, the court took the matter under advisement.
Appellant subsequently agreed to plead guilty to the two charges of possession of cocaine in case number 99-CR-005068. In exchange, the state agreed to dismiss the marijuana charges in case number 98-CR-005446. Appellant's plea was accepted, and he was found guilty on both counts of possession of cocaine. The court sentenced appellant to six years in prison on each count and ordered the sentences to be served concurrently to each other and concurrent to a six-year term appellant received in Hamilton County. In addition, the court fined appellant $7,500 on each count.
In his first assignment or error, appellant claims he was denied the effective assistance of counsel. Appellant argues that counsel was ineffective in allowing appellant to plead guilty before the trial court had ruled on the motion to suppress in case number 98-CR-005446.
Trial counsel's performance will not be regarded as ineffective unless the accused can show that counsel's representation falls below an objective standard of reasonable representation and, in addition, that prejudice arises from the ineffective representation. Strickland v.Washington (1984),
Here, appellant's claim of ineffective assistance of counsel must fail because he cannot demonstrate prejudice. A complete dismissal of the marijuana charges in case number 98-CR-005446 — a result which naturally occurred as a consequence of the plea bargain — was the most appellant could have hoped to obtain by pursuing the motion to suppress. Moreover, it would be speculative to assume that had the trial court suppressed appellant's statements, the state could not have otherwise obtained a conviction on the marijuana charges. Absent a reasonable probability that the outcome of the proceeding would clearly have been different, there has been no showing that appellant was prejudiced or denied the effective assistance of counsel. For these reasons, appellant's first assignment of error is overruled.
Appellant's second assignment of error submits that the trial court erred by imposing a $15,000 mandatory fine. Appellant pled guilty to two second-degree felony violations of R.C.
As used in R.C.
Under such circumstances, we conclude that the trial court did not err by imposing the mandatory minimum fine on each count to which appellant pled guilty. The second assignment of error is hereby overruled.
The third and final assignment of error presents several additional issues which appellate counsel believes are non-meritorious but nevertheless presents them at appellant's request and asks this court to review the same under Anders v. California (1967),
YOUNG, P.J., and VALEN, J., concur.
____________ WALSH, J.
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