State v. Morris, Unpublished Decision (6-23-2006)
State v. Morris, Unpublished Decision (6-23-2006)
Opinion of the Court
{¶ 2} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:
{¶ 7} R.C.
{¶ 8} "The sentencing court, pursuant to division (K) of section
{¶ 9} We have examined both the plea hearing and the sentencing hearing transcripts and find the trial court was explicit in its decision. During the plea hearing, the trial court explained all options to appellant and the sentence was deferred because both the trial court and appellant wanted a presentence investigation. During the sentencing hearing, the trial court specifically stated it would not consider an intensive prison program, and the transcript read as a whole establishes the specific reasons on the record. October 14, 2005 T. at 4-5, 7.
{¶ 10} Upon review, we find the record, when read as a whole, is sufficient to meet the requirements of R.C.
{¶ 11} Assignments of Error I and II are denied.
{¶ 13} The standard this issue must be measured against is set out in State v. Bradley (1989),
{¶ 14} "2. Counsel's performance will not be deemed ineffective unless and until counsel's performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel's performance. (State v. Lytle [1976],
{¶ 15} "3. To show that a defendant has been prejudiced by counsel's deficient performance, the defendant must prove that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different."
{¶ 16} During appellant's plea hearing, the trial court specifically stated the following:
{¶ 17} "I want you to understand that the penalty you face here today on the charge of driving while intoxicated, a felony of the 4th degree, is a basic prison term of not less than 6 months and not more than 30 months, of which 60 consecutive days of incarceration is mandatory and which may include incarceration in the county jail, a community based correctional facility, a halfway house or alternative residential facility." August 26, 2005 T. at 5.
{¶ 18} When the trial court asked appellant if he understood his rights, appellant answer "yes" and "yes, I do." Id. at 6-8. A signed guilty plea also reaffirmed that appellant was informed of the maximum sentence. Nowhere in the record is there any mention of eighteen months as appellant claims he was told.
{¶ 19} Even if his trial counsel misinformed appellant, it was harmless given the trial court's specific questions and appellant's affirmance of the questions.
{¶ 20} Assignment of Error III is denied.
{¶ 21} The judgment of the Court of Common Pleas of Knox County, Ohio is hereby affirmed.
By Farmer, J. Wise, P.J. and Gwin, J. concur.
Reference
- Full Case Name
- State of Ohio v. Douglas Lee Morris
- Cited By
- 1 case
- Status
- Unpublished