State v. Dunn, Unpublished Decision (10-14-2005)
State v. Dunn, Unpublished Decision (10-14-2005)
Opinion of the Court
{¶ 2} Defendant timely appealed to this court from his conviction and sentence. Defendant's appellate counsel filed a brief pursuant to Andersv. California (1967),
{¶ 3} We agree with Defendant's appellate counsel that the three year sentence jointly recommended by the parties and imposed by the trial court is not reviewable on appeal. R.C.
{¶ 4} Appellant's counsel has identified one potential issue that might arguably support an appeal.
{¶ 5} "APPELLANT DID NOT FULLY UNDERSTAND HIS CONSTITUTIONAL RIGHTS PRIOR TO PLEADING GUILTY."
{¶ 6} The trial court errs when it accepts a guilty plea without an affirmative showing that the defendant knowingly and intelligently waived the constitutional rights which his plea relinquished. Boykin v. Alabama
(1969),
{¶ 7} A review of the record amply demonstrates that the court substantially complied with Crim.R. 11(C) before accepting Defendant's guilty plea. Defendant acknowledged that he understood the plea agreement whereby he would plead guilty to third degree felony burglary in exchange for a dismissal of the accompanying gun specification and another pending burglary charge, and that an agreed three year prison sentence would be imposed. Defendant stated that his pleas were voluntary and not the product of any threats, coercion or promises. Defendant further acknowledged that he understood the nature of the charges to which he was pleading guilty, that community control was not an option, and that an agreed sentence of three years would be imposed. The court also determined that he understood the constitutional trial rights he was giving up by pleading guilty.
{¶ 8} This record amply demonstrates that Defendant subjectively understood the implications of his plea and the rights he was waiving.State v. Nero (1990),
{¶ 9} In addition to reviewing the one arguable issue raised by appellate counsel, we have conducted an independent review of the trial court's proceedings and have found no error having arguable merit. Thus, Defendant's appeal is without merit and the judgment of the trial court will be affirmed.
Brogan, P.J. And Donovan, J., concur.
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