State v. Fyffe

Citations

• 2018 Ohio 112
• 109 N.E.3d 51

Syllabus

Defendant pled guilty to three counts of unlawful sexual conduct with a minor, all third-degree felonies, for which he received consecutive sentences totaling nine years in prison. Defendant's plea was knowingly, intelligently, and voluntarily made defendant knew, at the time of his plea, that the trial court was not bound by the sentencing range to which the parties had agreed. Because the trial court was not a party to the plea agreement and explicitly explained that fact during the plea colloquy, it was not error for the court to impose a sentence longer than that recommended by the parties, nor was it error for the court not to have offered, sua sponte, to allow the defendant to withdraw his plea. Trial court's imposition of consecutive sentences was not clearly and convincingly unsupported by the record the record supported the trial court's finding that defendant's criminal history warranted consecutive sentencing. Judgment affirmed. (Donovan, J., dissenting.)