State of Ohio v. Marcus E. White

Summary

The Sixth District Court of Appeals of Ohio affirmed Marcus E. White’s conviction and 18-month prison sentence for attempted possession of marihuana. The court held that White’s guilty plea was knowingly, intelligently, and voluntarily entered and that his sentence was not clearly and convincingly contrary to law.

Holdings

1. The guilty plea was knowingly, intelligently, and voluntarily made because the trial court fully informed White of the potential consequences, including that it could impose up to 18 months in prison and that prison could include postrelease control.
2. The 18-month sentence was not clearly and convincingly contrary to law because the trial court considered the statutory purposes and principles of sentencing, the seriousness and recidivism factors, and imposed a sentence within the statutorily permitted range.

Questions Presented

1. Whether White's guilty plea was knowingly, intelligently, and voluntarily made when he believed discussions with the prosecutor indicated that he would receive community control.
2. Whether White's 18-month prison sentence was excessive and clearly and convincingly contrary to law.

Disposition

affirmed