State v. Combs

Citations

• 2025 Ohio 1569

Syllabus

The State was not bound by the parties' negotiated plea agreement for an agreed sentence of community control sanctions where appellant, after entering his guilty plea, violated a court order that prohibited him from contacting anyone other than his counsel while in jail. Even if the State had been required to abide by the plea agreement and breached the agreement by requesting the maximum prison term instead of the agreed sentence, appellant did not raise that issue before the trial court and waived all but plain error for appeal. Appellant, who does not seek to withdraw his guilty plea but only to be resentenced in accordance with the plea agreement, cannot establish plain error, because it is not clear that, but for the State's alleged breach of the plea agreement, the trial court would have imposed the agreed sentence of community control sanctions as opposed to a prison term. Judgment affirmed.