Summary
The Eleventh District Court of Appeals of Ohio affirmed Joshua A. Butler’s convictions and aggregate sentence of 8 to 12 years following his guilty pleas to five offenses. The court held that the trial court was not bound by the parties’ jointly recommended sentence and that Butler’s pleas were knowing, intelligent, and voluntary under Crim.R. 11.
Topics
Practice areas
Questions Presented
- Whether the trial court became a party to or otherwise accepted and agreed to impose the parties' jointly recommended sentence, thereby prohibiting it from imposing a harsher sentence.
- Whether Butler's guilty pleas were not knowing, intelligent, and voluntary because the trial court's statements concerning the jointly recommended sentence and deferred sentencing were confusing and failed to comply with Criminal Rule 11.
Holdings
- A trial court is not bound by a jointly recommended sentence and may impose a greater sentence when it forewarns the defendant of the applicable penalties and that it is not required to follow the recommendation. The trial court did not accept or agree to impose the recommended sentence and therefore did not err by imposing an aggregate sentence of 8 to 12 years.
- Butler's guilty pleas were knowing, intelligent, and voluntary because the trial court complied with Criminal Rule 11(C)(2)(a) by personally addressing him and ensuring that he understood the maximum penalties and that the jointly recommended sentence was not binding on the court.
Key quotations
“trial courts may reject plea agreements and that they are not bound by a jointly recommended sentence.” (¶ 11)
“When a defendant enters a plea in a criminal case, the plea must be made knowingly, intelligently, and voluntarily. Failure on any of those points renders enforcement of the plea unconstitutional under both the United States Constitution and the Ohio Constitution.” (¶ 17)
Factual background
Butler drove across the center line on State Route 7, causing an oncoming vehicle carrying three victims to leave the roadway and collide with culverts; all three victims sustained physical harm requiring continuing treatment. Butler fled, resisted arrest, and kicked a deputy in the chest. Officers determined that he had operated the vehicle while under the influence, and an inventory search revealed 1.019 grams of a fentanyl-related compound. Butler pleaded guilty to five offenses, and the trial court imposed an aggregate prison term of 8 to 12 years rather than the parties' jointly recommended five-to-seven-and-one-half-year sentence.
Procedural history
Butler was indicted on ten counts and initially pleaded not guilty. He later pleaded guilty to five offenses under a plea agreement containing a jointly recommended aggregate sentence of five to seven and one-half years, with the State agreeing to nolle the remaining counts. The trial court advised that the recommendation was not binding, imposed an aggregate sentence of 8 to 12 years, and affirmed the judgment on appeal.