State v. Becraft

2017 Ohio 1464, 89 N.E.3d 218
CourtOhio Court of Appeals
DecidedApril 21, 2017
Docket2016-CA-9
StatusPublished
Cited by29 cases

This text of 2017 Ohio 1464 (State v. Becraft) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Becraft, 2017 Ohio 1464, 89 N.E.3d 218 (Ohio Ct. App. 2017).

Opinions

WELBAUM, J.

{¶ 1} Defendant-appellant, Richard E. Becraft, Jr., appeals from the sentence he received during his resentencing for aggravated robbery in the Clark County Court of Common Pleas, which we ordered on remand in State v. Becraft , 2d Dist. Clark No. 2013-CA-54, 2015-Ohio-3911, 2015 WL 5638222. Becraft also appeals from the trial court's decision denying his motion to withdraw guilty plea that he filed on remand prior to resentencing. For the reasons outlined below, the portion of Becraft's sentence ordering him to pay the victim restitution in the amount of $1,200 will be modified to $583.33. In all other respects, the trial court's judgment will be affirmed.

Facts and Course of Proceedings

{¶ 2} On May 2, 2013, Becraft pled guilty to one count of aggravated robbery in violation of R.C. 2911.01(A)(1), a felony of the first degree. The offense stemmed from allegations that Becraft and two of his companions, Jeremy Dover and Laune Dozier, followed a woman from inside a Kroger's bank branch and robbed her in the parking lot. During this time, Dover was alleged to have pulled a gun on the victim while Becraft grabbed her purse and fled the scene with both Dover and Dozier.

{¶ 3} In exchange for Becraft's guilty plea, the State agreed to stay silent at his sentencing hearing and to stipulate that Becraft did not have a firearm during the offense. Following his plea, Becraft was sentenced to nine years in prison and ordered to pay $2,000 in restitution to the victim for the amount of her economic loss.

{¶ 4} Approximately 30 days after sentencing, Becraft filed a pro se motion to withdraw his guilty plea on grounds that his trial counsel falsely promised that he would only receive a five-year prison sentence. The trial court overruled the motion, which Becraft did not appeal. However, on June 26, 2013, Becraft did appeal from his conviction and sentence. In his appeal, Becraft raised ineffective assistance claims, challenged aspects of his sentence, and disputed the knowing, intelligent, and voluntary nature of his guilty plea.

{¶ 5} While his appeal was pending, in February 2014, Becraft filed a pro se petition to set aside his conviction and sentence in which he again requested to withdraw his guilty plea. In support of withdrawing his plea, Becraft once again argued that his counsel falsely promised *222that he would receive a maximum prison sentence of five years. Becraft also argued that his trial counsel withheld the discovery packet from him.

{¶ 6} Over the next three months, Becraft filed several more pro se motions, including an additional motion to withdraw his guilty plea filed in May 2014. In that motion, Becraft raised a similar argument claiming his trial counsel rendered ineffective assistance by falsely promising that he would get no more than three to five years in prison and would be granted judicial release in six months. On May 6, 2015, the trial court dismissed the motion, finding it lacked jurisdiction due to the pending appeal with this court.

{¶ 7} In ruling on Becraft's direct appeal, we reversed the trial court's decision ordering Becraft to pay $2,000 in restitution on grounds that there was nothing in the record supporting that amount as the victim's economic loss.1 Becraft , 2d Dist. Clark No. 2013-CA-54, 2015-Ohio-3911, 2015 WL 5638222 at ¶ 31-32. We also reversed the remainder of Becraft's sentence on grounds that his trial counsel rendered ineffective assistance in failing to object to certain unsupported findings made by the trial court during sentencing. Specifically, we found that the trial court incorrectly determined that Becraft threatened the victim with a deadly weapon. Id. at ¶ 27-32. However, we found no ineffective assistance during the plea proceedings and ultimately concluded that Becraft knowingly, intelligently, and voluntarily entered his guilty plea. Id. at ¶ 15, 19, 26. Accordingly, we affirmed all aspects of Becraft's conviction, but remanded the matter for the limited purpose of resentencing. Id. at ¶ 32.

{¶ 8} On January 4, 2016, the trial court held its first hearing on remand for resentencing. During that hearing, Becraft indicated he wanted to move to withdraw his guilty plea based on information in the victim impact statement, which he claimed he had just recently received. The trial court then decided to continue the hearing to allow the parties to obtain and provide the court with documentation pertinent to sentencing and to allow Becraft to file a motion to withdraw his guilty plea.

{¶ 9} Two days later, defense counsel filed a motion to withdraw guilty plea on Becraft's behalf. A hearing on the motion was held shortly thereafter on January 15, 2016. At the hearing, Becraft argued he should be permitted to withdraw his guilty plea because this court had determined in his direct appeal that his prior trial counsel had rendered ineffective assistance. He additionally argued that his trial counsel was ineffective in failing to provide him with the victim impact statement. Becraft further argued that the results of his polygraph test, which he claims were favorable, had not been made available to him. Becraft claimed that had he been able to view that information earlier, he would not have pled guilty.

{¶ 10} After hearing both parties' arguments on the plea withdrawal issue, as well as admitting several exhibits in support of Becraft's motion, the trial court denied the motion and scheduled the matter for resentencing on January 29, 2016. At the January 29th hearing, Becraft expressed *223confusion as to whether the trial court had already rendered its decision on the motion to withdraw his plea, so the trial court allowed Becraft to further argue the motion to withdraw and to admit additional exhibits. The trial court, nevertheless, denied the motion a second time, and proceeded to resentencing.

{¶ 11} During the resentencing portion of the proceedings, the parties advised the trial court that they had stipulated to the victim's economic loss being $1,200, despite the State previously arguing that her loss was $2,000. The State explained that the victim advised $1,750 was stolen from her at the time of the robbery and that $550 of that amount did not belong to her, but to a defunct social club. Accordingly, the State conceded that awarding the full $1,750 would provide the victim with a windfall. The State also advised the trial court that no other restitution had been paid to the victim, but noted that one of Becraft's co-defendants, Dozier, had been ordered to pay $583.33 in restitution.

{¶ 12} Following the discussion on restitution, the trial court heard arguments from Becraft and his counsel with regards to sentencing. As it had done previously, the State provided no argument per the plea agreement. The trial court then considered various factors, including that one of Becraft's co-defendants used a firearm to threaten the victim, but specifically noted that Becraft himself did not have a firearm.

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Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 1464, 89 N.E.3d 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-becraft-ohioctapp-2017.