State v. Cook

Citations

• 2024 Ohio 4771

Syllabus

DRUGS—EVIDENCE—SUFFICENCY—WEIGHT—CRIM.R. 11–SENTENCING–R.C. 2929.19(B)(2)(c)–R.C. 2921.331(D): Defendant's conviction for possession of heroin was based on sufficient evidence and was not against the manifest weight of the evidence where body-worn camera footage showed and an officer testified that defendant was seated next to drugs in plain view, had numerous cell phones around his person, and had a large amount of cash on his person. Defendant's guilty plea violated Crim.R. 11(C) and was not knowingly, voluntarily, and intelligently made because the trial court failed to advise defendant that a guilty plea to a failure to comply charge carries a mandatory consecutive sentence under R.C. 2921.331(D). The trial court erred when it failed to advise defendant at sentencing of the mandatory Regan Tokes Law advisements, pursuant to R.C. 2929.19(B)(2)(c)(i)-(v).