State v. Morris

Citations

• 2019 Ohio 3011

Syllabus

GUILTY PLEA – CRIM.R. 11 – APPELLATE REVIEW/CRIMINAL – COUNSEL – POSTRELEASE CONTROL: Where defendant pled guilty to rape, he waived his right to challenge on appeal the trial court's denial of his request for an independent laboratory test of DNA evidence. Where counsel made an oral motion for the trial court to allow an independent laboratory test of DNA evidence, and where the court considered the motion before denying it, counsel was not ineffective for failing to file a written motion. The imposition of an indefinite life sentence does not eliminate the requirement that offenders convicted of a first-degree felony or a felony sex offense serve a five-year period of postrelease control if released from prison. The trial court substantially complied with Crim.R. 11 where during the plea colloquy it advised defendant, who ultimately pled guilty to and was convicted of rape, an offense that was both a first-degree felony and a felony sex offense, that he would be subject to a five-year period of postrelease control should he be released from prison.