State v. Huffman

Citations

• 2018 Ohio 1192

Syllabus

Agreed sentence plea agreement accept reject expressly concurrent consecutive recommended sentence due process. Appellant's sentence was vacated, and the case was remanded for the trial court to resentence appellant under the plea agreement or to allow appellant to withdraw his guilty plea. Agreed sentences are distinct from recommended sentences. Where a plea agreement includes an agreed sentence, it is incumbent upon the trial court to expressly accept or reject that agreement. Moreover, due process requires the trial court to put the defendant on notice of the possibility that it could impose a longer prison term than negotiated under a plea agreement before accepting a guilty plea. Because no appeal was taken in a separate case for which a joint sentencing hearing was held, any challenge to the imposition of consecutive sentences in that case could not be addressed.