State v. Smith

Citations

• 2017 Ohio 463

Syllabus

Crim.R. 11 nunc pro tunc felony degree ineffective assistance sentence R.C. 2953.08(G)(2) sentencing factors 2929.11 2929.12 discretion statutory range consecutive findings clear and convincing. Appellant's conviction and sentence were upheld. A nunc pro tunc entry could be used to accurately reflect the degree of a felony offense to which appellant pled guilty and upon which he was sentenced. The trial court complied with Crim.R. 11, and the record reflected that appellant's guilty plea was knowingly, intelligently, and voluntarily entered. Appellant failed to demonstrate his trial counsel was ineffective for failing to request a competency evaluation. The trial court had full discretion to impose a sentence within the statutory range. With regard to consecutive sentences, the trial court engaged in the correct analysis: it made the appropriate findings, its findings were supported by the record, and the sentence was not clearly and convincingly contrary to law.