State v. Simmons

Citations

• 2019 Ohio 459

Syllabus

Crim.R. 11 knowing, voluntary, and intelligent plea nonconstitutional notifications restitution merger consecutive sentences contrary to law typographical error journal entry. Where a trial court imposes an appropriate sentence in open court at the sentencing hearing, it may correct a typographical error with a nunc pro tunc entry so that the sentencing entry reflects that sentence imposed at the hearing. R.C. 2929.12 factors are not part of the consecutive sentences analysis. A trial court may not order a defendant to pay restitution for economic loss for an amount that is not supported by the record. A guilty plea does not violate Crim.R. 11 where the defendant claims the prosecutor stated that counts should merge during negotiations but argues against merger at sentencing. Crim.R. 11 does not require the trial court to determine restitution at the time of a guilty plea. Moreover, a defendant, by agreeing to pay restitution to one victim, does not prevent the trial court from requiring him or her to pay restitution to another victim.