State v. Cooper

Citations

• 2020 Ohio 1495

Syllabus

R.C. 2929.41(E), consecutive sentences, parole eligibility, R.C. 2903.02, aggravated murder, Crim.R. 52, harmless error. In 1983, appellant pleaded guilty to aggravated murder (R.C. 2903.01) and murder (R.C. 2903.02) and was sentenced to consecutive sentences of 15 years to life in prison for murder and life in prison for the aggravated murder. The trial court incorrectly informed appellant that he was eligible for parole in 20 years instead of 35 years under R.C. 2929.41(E) which did not apply to convictions that involved aggravated murder. Appellant stated on the record that he understood that the terms were to be served consecutively. The parole board denied parole in 2015. This court determined in appellant's prior appeal that no manifest injustice occurred under Crim.R. 32.1. State v. Cooper, 8th Dist. Cuyahoga No. 104797, 2017-Ohio-541. We find that the sentences are not void, the error is harmless under Crim.R. 52(A), and appellant has not been prejudiced.