State v. Burrows

Citations

• 2020 Ohio 3646

Syllabus

PLEAS — ALLIED OFFENSES — R.C. 2941.25 — SENTENCING: The trial court did not abuse its discretion by denying defendant's presentence motion to withdraw his guilty pleas, presented orally on the day of sentencing and nine months after the plea hearing, where the court seriously inquired into defendant's claim that defense counsel had made a false promise concerning the aggregate sentence the court would impose, but found the claim, which was refuted by defense counsel and defendant's statements at the plea hearing, incredible and too late. The trial court did not commit plain error by failing to apply the allied-offenses statute to merge the offenses of aggravated robbery in violation of R.C. 2911.01(A)(1) and felonious assault in violation of R.C. 2903.11(A)(1), because defendant failed to show based on the record a reasonable probability that he had been convicted of allied offenses of similar import committed with the same conduct and the same animus. The trial court's failure to announce its consideration of the mandatory sentencing provisions of R.C. 2929.11 and 2929.12 before imposing the defendant's sentences did not render the sentences contrary to law, where the record supports the presumption that the court did consider those provisions.