State v. Clifton

Citations

• 2018 Ohio 269

Syllabus

Voluntary plea Crim.R. 11(C)(2) maximum penalty prejudice aggravated murder postrelease control unclassified felony parole sentence contrary to law delayed appeal court costs indigency. The defendant was not prejudiced by the trial court incorrectly advising him at the plea hearing that he would be subject to five years of mandatory postrelease control if he was released from prison for aggravated murder, which was an unclassified felony not subject to postrelease control. The defendant was not prejudiced by the trial court's failure to advise him of the potential maximum fine for aggravated murder at the plea hearing because the trial court did not impose a fine. The defendant was not prejudiced by the trial court's failure to advise him of his appellate rights at the sentencing hearing because this court granted his motion for delayed appeal. The defendant's arguments relating to court costs were overruled because it was clear from the record that the trial court considered defendant's indigency and still imposed court costs. The postrelease control portion of defendant's sentence was vacated.