State v. D-Bey

Citations

• 2021 Ohio 60

Syllabus

Guilty pleas attempted domestic violence nonexistent offense invited error motion to withdraw guilty pleas Crim.R. 32.1 manifest injustice evidentiary hearing ineffective assistance of counsel mental health evaluation R.C. 2945.371(A) referral to mental health docket R.C. 2953.08(G)(2) review of felony sentences R.C. 2929.11 R.C. 2929.12 excessive sentences court costs. Defendant's challenge to his guilty plea to attempted domestic violence on the basis that it was a nonexistent offense was invited error. Defendant did not establish that he was prejudiced by counsel's alleged failure to advise him that he was pleading guilty to a nonexistent offense and that, if he had known this, he would not have pled guilty and would have, instead, insisted upon going to trial. Trial court did not err in failing to order a mental health evaluation before accepting defendant's guilty pleas where no issue was raised below as to defendant's competency to enter a guilty plea or as to his sanity at the time he committed the offenses at issue and there is nothing in the record to suggest that defendant exhibited any outward signs of incompetency. Defendant made no showing that defense counsel was ineffective for failing to investigate defendant's mental health, failing to request a transfer to the mental health docket, failing to explore sanity and blackout defenses or failing to provide mitigating mental health information to the trial court for consideration during sentencing. Trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty pleas without an evidentiary hearing where defendant submitted no affidavits or any other relevant evidentiary materials in support of his motion to withdraw his guilty pleas and did not point to any specific facts in the record that could otherwise support his claim of manifest injustice. Trial court complied with its obligations under R.C. 2929.11 and 2929.12 when sentencing defendant. An appellate court cannot revie