State v. Baker

Citations

• 2020 Ohio 107

Syllabus

Crim.R. 11(C)(2)(a) Tier III sex offender classification substantial compliance complete failure to comply merger of allied offenses R.C. 2929.14(C)(4) imposition of consecutive sentences. In Cuyahoga C.P. 611863, defendant's guilty plea to rape count was invalid where trial court failed to comply with Crim.R. 11(C)(2)(a) as it related to defendant's status as a Tier III sex offender. Considering the totality of the circumstances, trial court did not substantially comply, and completely failed to comply with Crim.R. 11(C)(2)(a), where prior to the entry of defendant's guilty plea, trial court failed to inform defendant that by pleading guilty to the rape count he would be classified as a Tier III sex offender and, based on that classification, would be subject to various requirements and restrictions. Trial court erred in sentencing defendant on felonious assault count that was found to have merged with a kidnapping count. Trial court erred in imposing consecutive sentences without making the findings required for the imposition of consecutive sentences under R.C. 2929.14(C)(4) at the sentencing hearing. In Cuyahoga C.P. 611863, defendant's guilty plea to the rape count and the sentence imposed on the felonious assault count vacated and case remand for further proceedings on rape count. Trial court's imposition of consecutive sentences vacated and cases remanded for trial court to consider whether consecutive sentences are appropriate under R.C. 2929.14(C)(4) and if so, to (1) make all of the required findings on the record and (2) incorporate those findings in its sentencing journal entries.