State v. Cook

Citations

• 248 N.E.3d 846
• 2024 Ohio 2798

Syllabus

CRIMINAL RAPE DEFINITIONS VOLUNTARINESS OF PLEA - Change of Plea Hearing Transcript demonstrates that trial court substantially complied with Crim.R. 11(C) to provide Appellant an understanding of the nature of the rape count to which Appellant pled therefore, Appellant's argument that his plea was not knowing, intelligent, and voluntary is without merit. Appellant's argument that the conduct to which he admitted at plea hearing did not constitute fellatio to support rape conviction is without merit where Appellant admitted to placing his mouth on victim's penis Appellant's maximum sentence of life in prison without the possibility of parole was not contrary to law where sentence was within statutory range and trial court considered the principles and purposes of sentencing pursuant to R.C. 2929.11 and the recidivism and seriousness factors of R.C. 2929.12 Appellant's argument that the trial court did not consider his military record under R.C. 2929.12(F) is without merit where the record demonstrates that the trial court considered R.C. 2929.12 at the sentencing hearing and in the sentencing transcript and court is not required to explicitly cite R.C. 2929.12(F) on the record to support its consideration.