State v. Wang

Summary

The Sixth District Court of Appeals considered Xiaosong Wang’s challenge to his guilty pleas and sentences. The court held that the plea colloquy sufficiently complied with Crim.R. 11 and that Wang had not shown prejudice, but concluded that the trial court improperly imposed post-release control. The court affirmed in part, reversed and vacated the post-release-control portion of the sentence, and remanded for limited resentencing.

Holdings

1. The trial court did not completely fail to comply with Crim.R. 11(C)(2), and Wang failed to demonstrate prejudice from any alleged nonconstitutional deficiencies. His guilty pleas were therefore not invalidated.
2. The post-release-control portion of Wang's sentence was contrary to law because the trial court incorrectly informed him at sentencing that he was subject to a mandatory five-year term rather than the applicable two-to-five-year term.

Questions Presented

1. Whether Wang's guilty pleas were not knowingly, intelligently, and voluntarily entered because the plea form and plea colloquy allegedly failed to comply with Crim.R. 11(C)(2), including advisements concerning the effect of the plea, mandatory prison terms, post-release control, and eligibility for probation or community control.
2. Whether Wang's sentence was contrary to law because the trial court improperly imposed and inaccurately described post-release control at sentencing.

Disposition

reversed_and_remanded