Summary
The Ohio Fifth District Court of Appeals affirmed Shawn Hiles's 17-month prison sentence for fourth-degree felony domestic violence. The court rejected his challenges to the imposition of prison instead of community control and his ineffective-assistance claim based on counsel's failure to request a waiver of court costs.
Topics
Practice areas
Questions Presented
- Whether the trial court's 17-month prison sentence, rather than community control, was contrary to law or unsupported by the record.
- Whether trial counsel was ineffective for failing to request a waiver of court costs.
Holdings
- The sentence was not clearly and convincingly contrary to law or unsupported by the record. A prison term was authorized under R.C. 2929.13(F)(17), and 17 months fell within the statutory range for a fourth-degree felony under R.C. 2929.14(A)(4).
- Hiles failed to establish ineffective assistance because he showed neither deficient performance nor a reasonable probability that the trial court would have waived court costs had counsel made the request.
Key quotations
“An appellate court may modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that “the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.”” (¶ 13)
“In assessing such claims, “a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action ‘might be considered sound trial strategy.’”” (¶ 20)
“Under this “actual prejudice” prong, the defendant must show that “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”” (¶ 21)
Factual background
Hiles, highly intoxicated at home, shoved his live-in girlfriend and then grabbed and strangled her when she intervened during an apparent assault on his mother. Deputies responded after the victim's aunt called 911, and the aunt corroborated the victim's account. Hiles had prior domestic-violence convictions, assault offenses, and probation violations; evaluations found mild intellectual disability but that he understood the wrongfulness of his conduct.
Procedural history
Hiles was indicted for third-degree-felony domestic violence based on prior domestic-violence convictions. After competency and mental-condition evaluations, he pleaded guilty to an amended fourth-degree felony. The Muskingum County Court of Common Pleas imposed a 17-month prison term and court costs. The Fifth District Court of Appeals overruled both assignments of error and affirmed.