State v. Crook

Citations

• 2022 Ohio 896

Syllabus

CRIMINAL LAW – felonious assault grand theft concurrently sentenced to an indefinite term of 3 to 4.5 years in prison the trial court imposed an additional 1,416 days of a \reserved sentence\ due to Appellant being on post-release control under a prior case from 2012 at the time the new offenses were committed the trial court ordered that the additional 1,416 days are to be served consecutively for a total of 6.8 to 8.4 years in prison guilty plea Crim.R. 11(C)(2)(a)-(c) Bishop a criminal defendant on post-release control for a prior felony must be advised, during his plea hearing in a new felony case, of the trial court's ability under R.C. 2929.141 to terminate his existing post-release control and to impose a consecutive prison sentence for the post-release control violation the trial court did not fully advise Appellant of the post-release control violation potential at the time of the plea the record supports Appellant's claim of \surprise\ and prejudice it appears Appellant's guilty plea was not knowingly, intelligently, and voluntarily made Appellant's ineffective assistance of counsel assignment of error is moot App.R. 12(A)(1)(c) the trial court's judgment is reversed, Appellant's plea and sentence are vacated, and the cause is remanded for further proceedings.