State v. Walker

Citations

• 2024 Ohio 6079

Syllabus

SUFFICIENCY – EVIDENCE – CRIM.R. 11 – GUILTY PLEAS – PLEA COLLOQUY SENTENCING – R.C. 2953.08 – APPELLATE REVIEW/CRIMINAL Where a criminal defendant pleads guilty to a felony indictment, the State need not provide a factual \explanation of the circumstances\ at his plea hearing, and if the State does offer such an explanation, defendant cannot seek to reverse his conviction based on its factual insufficiency: Where the trial court misstated defendant's maximum aggregate sentence as nine, rather than seven, years during the guilty-plea colloquy, and where defendant failed to explain why correction of the trial court's error would have affected his decision to plead guilty, and where defendant stated on the record that he pled guilty because he was promised no jail time, defendant failed to show that the trial court's misstatement prejudiced him. Under R.C. 2953.08(A)(4) and 2953.08(G)(2)(b), a court of appeals may not reweigh the sentencing factors and mitigation evidence to review a sentencing court's application of the purposes in R.C. 2912.11 and factors in R.C. 2912.12. A court of appeals presumes that a trial court has properly considered the purposes of sentencing in R.C. 2912.11 and sentencing factors in R.C. 2912.12, and the trial court's silence on those purposes and factors does not rebut that presumption.