State v. Collins

Citations

• 2019 Ohio 3428

Syllabus

SUBSTANTIAL COMPLIANCE-CRIM.R. 11(C)(2)-PRESUMPTION OF COMPETENCY-INEFFECTIVE ASSISTANCE-CLERICAL ERROR-NUNC PRO TUNC - Trial court substantially complied with Crim.R. 11(C)(2) and did not fail to ensure Appellant subjectively understood the implications of his guilty plea, based upon the totality of the circumstances. Appellant's flippant and borderline disrespectful comments made on the record during the plea hearing did not constitute a sufficient indicia of incompetence such that the trial court was required to sua sponte inquire into Apppellant's competency. Trial counsel did not provide ineffective assistance by failing to call Appellant's competency into question in the absence of a sufficient indicia of incompetence, nor did trial counsel provide ineffective assistance by failing to present mitigating evidence, as the decision whether or not to present mitigating evidence is a matter of trial strategy. Clerical error involving the trial court's failure to include a fine in the sentencing entry after clearly imposing a fine on the record at the sentencing hearing can be corrected via a nunc pro tunc entry.