Summary
The Twelfth District Court of Appeals affirmed Nilen Harner's conviction for aggravated murder following a guilty plea to a jointly-recommended life sentence. Harner appealed, arguing his plea was involuntary because the trial court did not advise him that the plea waived his right to appellate review under R.C. 2953.08(D)(1). The court held that Crim.R. 11 does not mandate such an advisement and found no prejudice. Additionally, the court rejected Harner's argument regarding the failure to consider his youth at sentencing, as the jointly recommended sentence was the minimum available option.
Topics
Practice areas
Questions Presented
- Whether Harner's guilty plea was made knowingly, intelligently, and voluntarily given the trial court's failure to advise him that a jointly‑recommended sentence waives his right to appeal under R.C. 2953.08(D)(1).
- Whether the trial court erred by not independently considering Harner's youthful age in imposing a life sentence with parole eligibility after 20 years.
Holdings
- The plea was knowingly, intelligently, and voluntarily entered; the trial court is not required to advise the defendant that a jointly‑recommended sentence waives appellate rights, and Harner's assignment of error is overruled.
- The court did not err; R.C. 2953.08(D)(1) precludes appellate review of a jointly‑recommended sentence, and even if error existed it would be harmless because the minimum sentence was imposed.
Key quotations
“"When a defendant enters a plea in a criminal case, the plea must be made knowingly, intelligently, and voluntarily. Failure on any of those points renders enforcement of the plea unconstitutional under both the United States Constitution and the Ohio Constitution."” (¶ 21)
“"The fact that a guilty plea waives the defendant's right to contest various pretrial motions [on appeal] is not one of the specifically enumerated rights the trial court is required to provide in the Crim.R. 11 colloquy."” (¶ 26)
Factual background
Harner shot victim Jamie Crim during a home‑invasion robbery and stole marijuana. He was bound over to adult court, indicted on aggravated murder and murder counts, and entered a guilty plea to aggravated murder under a plea agreement that dismissed the firearm specifications and the second count, resulting in a life sentence with parole eligibility after 20 years.
Procedural history
Harner, then 17, was bound over from juvenile court to adult court, indicted for aggravated murder and murder, entered a guilty plea to aggravated murder with a jointly‑recommended life sentence with parole after 20 years, and was sentenced. He appealed alleging the plea colloquy was not knowing, intelligent, or voluntary and that the court failed to consider his youth in sentencing.