State v. Hargis

Summary

The Ohio Fourth District Court of Appeals affirmed Justin Ryan Hargis’s convictions following guilty pleas to aggravated possession of drugs and theft. The court held that the plea colloquy adequately conveyed the mandatory nature of post-release control and that Hargis failed to establish ineffective assistance of counsel based on counsel’s failure to request a waiver of court costs.

Holdings

1. The trial court substantially complied with Crim.R. 11(C)(2)(a) because its statement that Hargis "will have to serve" post-release control conveyed that post-release control was mandatory; therefore, the guilty pleas were knowingly, intelligently, and voluntarily entered.
2. Hargis failed to establish ineffective assistance because he did not show deficient performance or a reasonable probability that the trial court would have waived court costs had counsel made the request.

Questions Presented

1. Whether Hargis's guilty pleas were not knowingly, intelligently, and voluntarily entered because the trial court did not use the word "mandatory" when advising him that post-release control would apply.
2. Whether trial counsel rendered ineffective assistance by failing to request a waiver of court costs and whether Hargis established resulting prejudice.

Disposition

affirmed