State v. Conner, Unpublished Decision (3-5-2004)
State v. Conner, Unpublished Decision (3-5-2004)
Opinion of the Court
{¶ 2} Conner was indicted on two counts of aggravated robbery, violations of R.C.
{¶ 3} Before the trial court accepted the no contest pleas, the prosecuting attorney related what it would have proven at trial beyond a reasonable doubt. In the first event, on February 15, 2002, Conner entered a Charter One Bank in Toledo, Ohio with a chrome-colored revolver and ordered the people in the bank to lie on the floor at gun point. He then jumped over the counter and pointed a gun at the teller, demanding she empty her drawer. The teller put money in Conner's duffel bag, and he fled. In the second event, on March 15, 2002, Conner stuck a silver handgun in the back of a Royal Pizza driver, fleeing with $251.
{¶ 4} After Conner reviewed and signed the proper forms, the trial court found him guilty. At the sentencing hearing on January 6, 2003, the trial court adopted the parties' agreement that Conner would serve a minimum prison sentence for the first aggravated robbery conviction (three years) with the allied gun specification (three years) to be served consecutively in addition to three years for aggravated robbery and two years for each robbery conviction concurrent to the aggravated robbery. It was also noted at the sentencing hearing that the two robbery convictions would merge with the two aggravated robbery convictions. The trial court's judgment entry reflects this sentence.
{¶ 5} Conner's appellate counsel filed a brief, according toAnders v. California (1967),
{¶ 6} Appellate counsel argues as the sole potential assignment of error that Conner did not receive effective assistance of counsel. The argument is without merit.
{¶ 7} The appellant bears the burden of proving that his counsel was ineffective since an attorney is presumed competent.Strickland v. Washington (1984),
{¶ 8} In discussing the issue of attorney competence, the Ohio Supreme Court observed: "It is all too tempting for a defendant to second-guess counsel's assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel's defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. [Citations omitted] * * * Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.' [Citations omitted]" State v. Frazier (1991),
{¶ 9} This presumption means that a great amount of deference must be given to counsel's trial strategy. State v. Carter
(1995),
{¶ 10} In this case, Conner's counsel was far from ineffective. The February 15, 2002 bank robbery was recorded on the bank's security system. Trial counsel filed a motion to suppress; however, Conner received Miranda warnings, signed a waiver of those rights, and confessed in detail. Conner's counsel was able to convince the prosecution to lower its recommendation to a minimum prison sentence of three years on a first degree felony with three years on the gun specification. The trial court adopted the prosecution's recommended sentence, to which the defense did not object. Several times in the transcript, the prosecution, the defense, and the trial court stated that this sentence was agreeable to all parties. In such a case, there is no appeal: "A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge." R.C.
{¶ 11} This case presents no arguable issues meriting review. Appellate counsel's motion to withdraw is hereby granted. The judgment of the Lucas County Court of Common Pleas is affirmed. Appellant is ordered to pay the court costs of this appeal.
Judgment Affirmed.
Pietrykowski, J., Lanzinger, J. and Singer, J. Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.