State v. Carner

Citations

• 2021 Ohio 2312

Syllabus

Tampering with evidence obstructing official business Crim.R. 43 waiver prejudice plain error harmless error threat reindictment plea bargain ineffective assistance mitigation merger allied offenses victim impact seriousness criminal history R.C. 2929.11 R.C. 2929.12 maximum consecutive sentences. Affirmed appellant's convictions for tampering with evidence and obstructing official business and the maximum, consecutive sentences that were imposed by the trial court. Appellant failed to show any prejudicial or constitutional error occurred with regard to his right to be physically present and the Crim.R. 43 waiver of appearance. The assistant prosecutor is permitted to use the possibility of reindictment on more serious charges to persuade a defendant to accept a plea deal. Defense counsel did not render ineffective assistance with regard to the presentation of mitigating evidence, which is a matter of trial strategy, or with regard to merger, because the offenses were committed separately. There was no reversible error regarding victim impact testimony, and the record showed the trial court engaged in proper consideration of the seriousness of the crimes charged and the defendant's criminal history when imposing sentence. The trial court properly considered R.C. 2929.11 and 2929.12, and made the required findings for imposing consecutive sentences.