State v. Favorite

Summary

The Ohio Third District Court of Appeals affirmed Terrence Terell Favorite's convictions and aggregate 59-month prison sentence following his guilty pleas to drug-trafficking offenses. The court rejected his arguments that the pleas were not knowing, voluntary, or intelligent and that trial counsel provided ineffective assistance.

Holdings

1. The guilty pleas were knowing, voluntary, and intelligent because the trial court repeatedly informed Favorite that prison could be imposed, explained the applicable potential prison terms and prison presumptions, and confirmed that he understood those notifications. His hope or belief that he would receive community control did not establish that he misunderstood the possible consequences of the pleas.
2. Favorite did not establish ineffective assistance of counsel because he identified no record evidence that counsel misinformed him or provided incorrect advice, and he failed to show either deficient performance or prejudice.

Questions Presented

1. Whether Favorite's guilty pleas were not knowing, voluntary, or intelligent because he believed he would receive probation or community control.
2. Whether trial counsel rendered ineffective assistance by failing to ensure that Favorite understood the potential consequences of his guilty pleas.

Disposition

affirmed