State v. Bowling

Citations

• 2025 Ohio 2272

Syllabus

Defendant entered plea to sexual battery and challenged voluntariness of his plea. Defendant claimed his plea was involuntary because trial court failed to advise him that each violation of postrelease control could result in nine months prison term per violation, under R.C. 2943.032. Trial court did not comply with R.C. 2943.032. But trial court properly advised defendant of the maximum postrelease control penalty and defendant failed to establish prejudice. Defendant argued court improperly considered unproven facts in sentencing. In a plea bargain, sentencing court may consider underlying facts, including charges dismissed as part of a plea agreement.