State v. Pope

Summary

The Ohio Third District Court of Appeals reviewed Ernest Pope’s conviction and sentence for possession of cocaine after a no-contest plea. The court rejected his ineffective-assistance and involuntary-plea claims but reversed and remanded for the limited purpose of properly advising him about postrelease control at the sentencing hearing.

Holdings

1. Pope failed to establish ineffective assistance of counsel because the record did not show deficient performance or a reasonable probability that a more expansive suppression motion challenging the officer's credibility would have succeeded.
2. Pope's no-contest plea was knowing, intelligent, and voluntary, and he failed to establish a violation of Crim.R. 11(C) or prejudice warranting withdrawal of the plea.
3. The trial court erred by failing to advise Pope at the sentencing hearing of the term and mandatory nature of postrelease control and the consequences of violating it.

Questions Presented

1. Whether trial counsel was ineffective for failing to more specifically challenge the credibility of the officer who initiated the traffic stop.
2. Whether Pope's no-contest plea was not knowing, intelligent, and voluntary because counsel allegedly failed to discuss the plea adequately and Pope initially misunderstood the mandatory nature of the prison term.
3. Whether the trial court was required to advise Pope about the term and mandatory nature of postrelease control at the sentencing hearing despite having addressed it at an earlier plea hearing and included it in the judgment entry.

Disposition

reversed_and_remanded