State v. Stumph

Citations

• 2021 Ohio 723

Syllabus

CRIM.R. 11– SUBSTANTIAL COMPLIANCE – AGGRAVATED MURDER – R.C. 2953.08 – BIAS: The trial court failed to substantially comply with the requirement in Crim.R. 11 that it inform defendant of the maximum sentence faced where it conflated the concepts of parole and postrelease control. Defendant failed to establish that he would not have otherwise pled guilty had the trial court correctly explained the concepts of parole and postrelease control where defendant was aware that he potentially faced a sentence of life without the possibility of parole and he elected to plead guilty with that knowledge. R.C. 2953.08(D)(3) does not preclude a constitutional challenge to a sentence imposed for murder or aggravated murder. The trial court's comments at sentencing comparing defendant's behavior to the behavior of other veterans did not demonstrate bias or that the trial court lacked an open state of mind.