State v. Hoffman

Citations

• 2023 Ohio 3977

Syllabus

Crim.R. 11 group plea Crim.R. 36 nunc pro tunc entry R.C. 2929.14(C) consecutive-sentence findings R.C. 2953.08(G) review of consecutive sentences ineffective assistance of counsel due process cumulative error. Defendant was arrested for tampering with evidence and drug possession. Within an hour after being released from custody on those charges, defendant took a vehicle that was left running at a gas station. Defendant eventually entered a plea bargain at a plea hearing in which the trial court conducted a group plea. The record indicates defendant entered his pleas knowingly, having been fully apprised of the rights he was waiving and the penalties he faced by entering guilty pleas and was not confused because of the manner the plea was taken. Following the plea hearing, the trial court entered a nunc pro tunc journal entry to reflect the charges to which Hoffman pleaded guilty that related back to the date of his plea, thus the nunc pro tunc entry did not result in a violation of the speedy-trial time. The trial court made the necessary consecutive-sentence findings, and the appellate court did not find that the record clearly and convincingly did not support the findings where defendant had an extensive criminal history and other pending criminal matters pending. Defendant did not demonstrate that he received ineffective assistance of counsel where counsel did not object to the trial court's nunc pro tunc entry and misstated a fact of the offenses at the sentencing hearing. Further, having had his assignments of error overruled, defendant was not deprived of his right to due process on the basis of cumulative error.