State v. Berry

Citations

• 2023 Ohio 605

Syllabus

Guilty plea, Crim.R. 11, maximum penalty, charge charges maximum, aggregate sentence, July 1998 amendment to Crim.R. 11 State v. Johnson, 40 Ohio St.3d 130, 532 N.E.2d 1295 (1988) State v. Bishop, 156 Ohio St.3d 156, 2018-Ohio-5132, 124 N.E.3d 766 State v. Dangler, 162 Ohio St.3d 1, 2020-Ohio-2765, 164 N.E.3d 286. Judgment affirmed. The change from \charge\ to \charges\ under the 1998 amendment to Crim.R. 11(C)(2)(a) did not disturb Johnson's holding. While the plurality in Bishop distinguished Johnson, it did not overrule Johnson when it had an opportunity to do so. Our continued application of the Ohio Supreme Court's holding in Johnson is consistent with prior decisions from this court as well as other Ohio appellate courts. As a result, a trial court is not required to advise a defendant of the maximum, aggregate of all prison terms for all the offenses at the time of the guilty plea for discretionary, consecutive sentences. With regard to the plea, we find that trial court complied with Crim.R. 11(C)(2) when it advised Berry of the maximum penalties he faced for each charge to which he pled guilty.