State v. Washington, Unpublished Decision (9-22-2004)
State v. Washington, Unpublished Decision (9-22-2004)
Opinion of the Court
Defendant-appellant, Jason Washington, appeals a conviction for carrying a concealed weapon pursuant to R.C.
In his sole assignment of error, Washington now contends that the trial court erred by improperly sentencing him. Though he frames it as a sentencing issue, he argues that his plea was involuntary because of the one-month discrepancy in the sentence the court stated that he would receive if he violated the terms of his community control. This assignment of error is not well taken.
"[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled."Santobello v. New York (1971),
In this case, Washington has appealed from the judgment sentencing him to community control. The trial court imposed the sentence that it had promised — community control. Washington's argument about the sentence that would be imposed if the court later revoked that community control is premature. The appropriate time to challenge that sentence is whenever the court revokes his community control and imposes a sentence of ten months. See State v. Giles, 1st Dist. No. C-010582, 2002-Ohio-3297.
Further, the record shows that the promise of a nine-month sentence for a violation of the terms of community control did not induce Washington to enter his no-contest plea. Washington did not object in any way at the sentencing hearing when the trial court said that it would impose a ten-month sentence if he violated community control, rather than the nine-month sentence that was stated at the plea hearing. Washington's strategy was to preserve his ability to challenge the constitutionality of the statute prohibiting the carrying of concealed weapons based on this court's decision in Klein v. Leis,
The trial court strictly complied with the provisions of Crim.R. 11(C) and correctly informed Washington of the constitutional rights enumerated in Boykin v. Alabama (1969),
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Winkler, P.J., Doan and Gorman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.