State v. Murphy, Unpublished Decision (2-22-2000)
State v. Murphy, Unpublished Decision (2-22-2000)
Opinion of the Court
OPINION
Defendant-appellant Audie Murphy appeals the April 29, 1999 Judgment and Sentencing Entry of the Richland County Court of Common Pleas which memorialized a jury verdict of guilty and sentenced appellant accordingly. Plaintiff-appellee is the State of Ohio.THE COURT: All the jurors have left. [Appellant's trial counsel], there was something you wanted to put on the record here. I believe you were telling me that [appellant] was expressing dissatisfaction with your services and wanted to discharge you.
[APPELLANT'S TRIAL COUNSEL]: Oh, yes.
THE COURT: [Appellant], you didn't hire [trial counsel]. You didn't hire anybody. We hired somebody to represent you. We were careful to hire someone who is fully qualified. They are bound by our magistrate.
I know [appellant's trial counsel] to be a good attorney. You are not in a position to fire him because you didn't hire him. You will not be able to fire him or delay the trial on that basis. Do you understand?
APPELLANT: Yes, sir.
THE COURT: Anything else?
APPELLANT: No, sir.
T. at 117
The trial resumed. After hearing all the evidence, the jury found defendant guilty of three counts of trafficking in cocaine. In an April 29, 1999 Judgment Sentencing Entry, the trial court sentenced appellant to sixteen months on the first count, ten months on the second count, and ten months on the third count. The trial court ordered the sentences be served consecutively for a total of thirty-six months. It is from that judgment entry appellant prosecutes this appeal, assigning as error the following:
THE TRIAL COURT FAILED TO TAKE THE NECESSARY STEPS REQUIRED TO SUFFICIENTLY INQUIRE INTO DEFENDANT'S BASIS FOR DISSATISFACTION WITH COUNSEL.
Syllabus.
In so holding, the Supreme Court reasoned appellate review of the competency of counsel is limited to facts appearing in the record. Therefore, judicial inquiry is necessary to create a record of the reasons underlying such a complaint. Id. at 19. In the matter sub judice, appellant advised the trial court his appointed counsel was unsatisfactory and asked the trial court to discharge his counsel. The trial court recognized the request, but did not conduct the inquiry required in Deal. In fact, the trial court did not afford appellant any opportunity to explain his complaint. Accordingly, this court has no record of the facts and circumstances surrounding the complaint, and no ability to assess an ineffective assistance of counsel claim. In light of the Ohio Supreme Court's mandate in Deal, appellant's sole assignment of error is sustained. The April 29, 1999 Judgment and Sentencing Entry of the Richland County Court of Common Pleas is hereby Reversed. This matter is remanded to the Court for a re-investigation of appellant's claim of incompetent counsel. This re-investigation shall be conducted on the record. If the trial court finds the claim is unfounded, the trial court may re-enter the judgment and sentence.
HOFFMAN, P.J. and FARMER, J. concur
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