State v. Pagan

Citations

• 2019 Ohio 4954

Syllabus

Where the state and the defendant agreed pursuant to a plea bargain that certain counts did not merge and that the defendant's sentences on two cases would fall within a range to which the court adhered, the trial court did not err in sentencing the defendant on each of the non-merged counts. Further, the record reflects the knowing, voluntary, and intelligent nature of the plea, and does not show ineffective assistance of counsel. Defendant's argument that the opinion of the United States Supreme Court in the cell phone historical data case of Carpenter v. U.S. would have necessitated exclusion of all evidence discovered in the aftermath of his arrest when police had located him by \pinging\ his cell phone does not prevail under these circumstances. And the plea agreement that limited defendant's risk at sentencing was predicated on the stipulation that the relevant counts did not merge. Judgment affirmed.