State v. Milton

Citations

• 2019 Ohio 3900

Syllabus

The court overrules appellant's assignment of error that the court erred by accepting appellant's plea and finds the trial court was in compliance with Crim.R. 11(C)(2) regarding the effect of the plea, the maximum prison sentence for each offense, and the requirements of postrelease control. The court overrules appellant's assignment of error that the court erred in disapproving of placement in an intensive program prison but not providing reasons for disapproval as appellant was ineligible for the same. The court sustained appellant's assignment of error that the trial court entry incorrectly noted that appellant plead to aggravated burglary with a firearm specification when in fact the record reveals appellant plead to aggravated robbery with a firearm specification. The court remands case No. 16CR-1901 to the trial court with instructions to correct the error with a nunc pro tunc entry to reflect what the appellant and trial court actually did as reflected in the record. The court sustains appellant's assignment of error that the trial court erred in not holding a hearing on restitution and remands case Nos. 16CR-172 and 16CR-693 to hold a hearing on the same. The court affirms the judgments in part and reverses in part and remands as noted above with instructions.