State v. Carter, Unpublished Decision (12-17-2002)
State v. Carter, Unpublished Decision (12-17-2002)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Timothy M. Carter, appeals from a judgment of the Franklin County Court of Common Pleas finding him guilty of four counts of forgery in violation of R.C.{¶ 2} By indictment filed July 30, 2001, appellant was charged with ten counts of receiving stolen property in violation of R.C.
{¶ 3} Appellant now appeals, assigning the following errors:
{¶ 4} "1. The trial court erred by entering judgment of conviction based upon a guilty plea that was not knowing, intelligent and voluntary.
{¶ 5} "2. The trial court erred in ordering the sentences to be served consecutively in the absence of any evidence in the record of any of the factors enumerated in R.C. §
{¶ 6} Appellant first contends that his guilty plea was not a knowing, intelligent and voluntary plea, and should not have been accepted by the trial court. Crim.R.11 governs the acceptance of guilty pleas. Crim.R. 11(C)(2) provides:
{¶ 7} "In felony cases the court may refuse to accept a plea of guilty * * * and shall not accept a plea of guilty * * * without first addressing the defendant personally and doing all of the following:
{¶ 8} "(a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved, and, if applicable, that the defendant is not eligible for probation * * *.
{¶ 9} "(b) Informing the defendant of and determining that the defendant understands the effect of the plea of guilty or no contest, and that the court, upon acceptance of the plea, may proceed with judgment and sentence.
{¶ 10} "(c) Informing the defendant and determining that the defendant understands that by the plea the defendant is waiving the rights to jury trial, to confront witnesses against him or her, to have compulsory process for obtaining witnesses in the defendant's favor, and to require the state to prove the defendant's guilt beyond a reasonable doubt at a trial at which the defendant cannot be compelled to testify against himself or herself."
{¶ 11} Substantial compliance with the provisions of Crim.R. 11(C)(2)(a) and (b) is sufficient to establish a valid plea. State v. Mulhollen (1997),
{¶ 12} A determination of whether a plea was knowing, intelligent and voluntary is based upon a review of the record. State v. Spates (1992),
{¶ 13} The trial court also informed appellant of the maximum sentences that he could receive and strictly complied with the requirement that appellant understand all of the constitutional rights he was waving by entering his guilty plea. The trial court clearly informed appellant of the constitutional rights he was waiving by pleading guilty. Appellant stated that he understood the maximum sentences and the constitutional rights he was waiving. When further asked if he understood everything in the plea documents that he signed, appellant indicated that he did. At no point in the record did appellant seem to be confused about the proceedings and, when the trial court asked appellant if he was unsure or confused about anything, appellant expressed no such confusion. Additionally, defense counsel represented to the trial court, after discussing the plea with appellant, that appellant's decision to enter the guilty plea was knowing, intelligent and voluntary. The record clearly indicates that the trial court complied with Crim.R.11 in accepting appellant's guilty plea and that appellant's plea was a knowing, intelligent and voluntary choice. Accordingly, we overrule appellant's first assignment of error.
{¶ 14} Appellant's second assignment of error contends that the trial court erred in failing to consider the factors set forth in R.C.
{¶ 15} A sentence is authorized by law if the prison term imposed does not exceed the maximum term prescribed by statute. Id. Appellant entered guilty pleas to four counts of forgery and one count of theft, all felonies of the fifth degree. A court may impose a prison term of six, seven, eight, nine, ten, eleven or twelve months for a fifth-degree felony. R.C.
{¶ 16} As appellant's sentences were jointly recommended, authorized by law and imposed by the trial court, they are not subject to review by this court. Accordingly, appellant's second assignment of error is overruled.
{¶ 17} In conclusion, having overruled appellant's two assignments of error, the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
TYACK, P.J., and BOWMAN, J., concur.
SUMMARY-guilty plea, knowing, voluntary, intelligent, consecutive sentences, joint recommendation, R.C.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.