State v. Wright

Citations

• 180 N.E.3d 32
• 2021 Ohio 3818

Syllabus

Attempted endangering children R.C. 2923.02, R.C. 2919.22(A) fourth degree felony furthermore clause physical harm guilty plea plea agreement amended indictment postrelease control R.C. 2967.08(C) R.C. 2967.28(D) imposition discretionary period implement prison term R.C. 2929.13(B)(1)(b)(ii) contrary to law ineffective assistance. Vacated the mandatory postrelease control portion of appellant's sentence and remanded for a resentencing hearing limited to the imposition of discretionary postrelease control pursuant to R.C. 2967.08(C). The judgment of the trial court was affirmed in all other respects. Upheld appellant's conviction for attempted endangering children with a furthermore clause, a felony of the fourth degree. The indicted charge was amended to an attempt, and the furthermore clause remained. Appellant understood the nature of the charge and entered a guilty plea, which is a complete admission of the facts set forth in the indictment including that the violation resulted in serious physical harm to the child. The trial court had the discretion to impose a prison term pursuant to R.C. 2929.13(B)(1)(b)(ii), and the sentence imposed by the trial court was not contrary to law. There was no ineffective assistance of counsel. Under R.C. 2967.28(C), the trial court must impose postrelease control for the statutorily required \period\ of \up to two years\ as part of the offender's sentence. The Ohio Department of Rehabilitation and Correction is responsible for implementing the postrelease control portion of the sentence in accordance with R.C. 2967.28(D) if it determines that a period of postrelease control is necessary for that offender.