State v. Ulm

Citations

• 205 N.E.3d 19
• 2022 Ohio 4741

Syllabus

Appellant pleaded guilty to two counts of rape (under age 10/force), two counts of rape (under age 10), and two counts of gross sexual imposition (under age 13). Consistent with the parties' agreement, appellant was sentenced to an aggregate prison term of 50 years to life, to be served concurrently with a 60-year prison sentence previously imposed in a federal case. Although the trial court only partially complied with the Crim.R. 11(C)(2)(a) maximum penalty advisement related to the registration and other requirements imposed by appellant's sexual offender designation, appellant does not assert, and the record does not reflect, that his plea decision would have been different if he had been provided a complete explanation of the sexual offender requirements. The trial court did not err by not merging Count II (rape of a child under 10) with Count III (rape of a child under 10 by force) the parties had agreed that the offenses would not merge. The record does not demonstrate ineffective assistance of trial counsel. Finally, the trial court did err by imposing post-release control on the rape counts. As to these counts, appellant was correctly sentenced to life in prison with the possibility of parole after serving a required number of years. As such, appellant will be subject to life-time parole supervision if he is released from prison. Judgment affirmed in part, reversed in part, and remanded to the trial court so that the judgment entry may be amended to reflect parole supervision on the rape counts. (Donovan, J., concurring in part and dissenting in part.)