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· 12/1/2022

State v. Fekeih

Citations

  • 2022 Ohio 4285

Syllabus

Guilty plea Crim.R. 11 failure to comply R.C. 2921.331(B) R.C. 2921.331(D) maximum penalty mandatory consecutive sentence. In this matter, appellant pleaded guilty to a total of seven counts of failure to comply in violation of R.C. 2921.331(B). Under R.C. 2921.331(D), an offender who is sentenced to a prison term for violation of R.C. 2921.331(B) \shall serve the prison term consecutively to any other prison term or mandatory prison term imposed upon the offender.\ However, the trial court incorrectly advised appellant that it had the option of imposing concurrent or consecutive sentences. As such, appellant was not properly advised of the maximum penalty involved. Consequently, appellant did not knowingly, voluntarily, and intelligently enter his guilty pleas.

Judges: Groves

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