Summary
The Ohio Second District Court of Appeals reversed Marc Terrell’s convictions after concluding that his guilty pleas to aggravated vehicular homicide and aggravated vehicular assault were not knowingly, intelligently, and voluntarily entered. The trial court incorrectly advised Terrell that community control sanctions were available even though mandatory prison terms applied, and the appellate court found resulting prejudice. The court remanded the matter for further proceedings and deemed the remaining assignments of error moot.
Topics
Practice areas
Questions Presented
- Whether Terrell's guilty pleas to aggravated vehicular homicide and aggravated vehicular assault were knowingly, intelligently, and voluntarily entered when the trial court incorrectly advised him that community-control sanctions were available and failed to advise him that prison terms were mandatory.
- Whether Terrell was prejudiced by the trial court's misinformation concerning the availability of community control and mandatory prison terms.
- Whether Terrell's ineffective-assistance and maximum-consecutive-sentence claims remained viable after the guilty pleas were vacated.
Holdings
- A trial court partially fails to comply with Crim.R. 11(C)(2)(a) when it gives inaccurate information about the maximum penalty, including incorrectly advising a defendant that community-control sanctions are available for offenses carrying mandatory prison terms. The defendant must then demonstrate prejudice.
- Terrell established prejudice because he would not have pleaded guilty had he known that community-control sanctions were unavailable for the aggravated vehicular homicide and aggravated vehicular assault offenses.
- Terrell's ineffective-assistance and maximum-consecutive-sentence assignments were moot because the conviction had to be reversed based on the invalid guilty pleas.
Key quotations
“Clearly, the prospect of probation would be a factor weighing heavily in favor of a plea. That probation is statutorily precluded could affect a person’s decision to enter a plea of no contest or guilty.” (¶ 22)
“Therefore, given the foregoing, we find that prejudice is apparent from the trial court’s misinformation in this case, thereby requiring this court to conclude that Terrell’s guilty plea was not knowingly, intelligently, and voluntarily entered.” (¶ 27)
Factual background
Terrell drove while under the influence of alcohol and collided with an oncoming vehicle, killing one occupant and seriously injuring another. When officers arrived, one officer observed Terrell attempting to hide a case of beer in his vehicle. During the plea hearing, the trial court incorrectly advised Terrell that community-control sanctions were available for aggravated vehicular homicide and aggravated vehicular assault and did not advise him that prison terms for those offenses were mandatory; the plea form likewise stated that prison was not mandatory.
Procedural history
Terrell was indicted in the Clark County Court of Common Pleas on aggravated vehicular homicide, aggravated vehicular assault, OVI, and tampering-with-evidence charges. Pursuant to a plea agreement, he pleaded guilty to aggravated vehicular homicide, one count of aggravated vehicular assault, and OVI, and the remaining charges were dismissed. After imposing maximum consecutive sentences totaling 13.5 to 17.5 years, the trial court entered judgment. On direct appeal, the court of appeals sustained Terrell's challenge to the validity of his guilty pleas and rendered his other assignments of error moot.
Remand instructions
The judgment of conviction is reversed and the matter is remanded to the Clark County Court of Common Pleas for further proceedings.