[Cite as State v. Heard, 2025-Ohio-742.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, : No. 113929 v. :
CARLTON HEARD, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: March 6, 2025
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-22-676912-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and John Farley Hirschauer, Assistant Prosecuting Attorney, for appellee.
Goldberg Dowell & Associates LLC, and Adam Parker, for appellant.
SEAN C. GALLAGHER, J.:
Carlton Heard appeals his guilty plea to involuntary manslaughter,
felonious assault, having weapons while under a disability, and two attendant, three-
year firearm specifications. For the following reasons, we affirm. On New Year’s Eve 2019, the victim entered a Sunoco gas station
located at East 55th Street and Woodland Avenue in Cleveland. Heard was inside
the store with another individual, Michael Harrison, believed to be a leader of a local
gang. Surveillance footage shows the victim making a purchase, leaving the store,
and getting into his vehicle. Heard exited the store and retrieved a firearm from his
own vehicle. As the victim began to pull out of the gas station, Heard ran in front of
the vehicle and shot 11 times through the windshield. Two of the rounds hit the
victim in the chest. He was transported to the hospital to undergo surgery and
ultimately survived the shooting.
Three years later, in an unrelated incident, Marcelous Tell went to a
lounge in Warrensville Heights with his cousin at around 1:00 a.m. After a few
minutes, Tell went outside to meet another cousin who had difficulty entering the
lounge because of a misplaced identification. He sat outside with her for a bit before
attempting to re-enter the club. At that time, a line formed on the ramp outside the
door. Surveillance footage shows Heard leaving and re-entering the club several
times to go to his vehicle. As Tell awaited re-entry, Heard retrieved a firearm from
his vehicle and walked to the entrance of the club. Tell was standing a few feet in
front of Heard, when suddenly, and without any provocation, Heard shot Tell from
behind. The bullet entered just above Tell’s right ear, exiting and striking a security
officer standing at the entrance. Tell was pronounced dead shortly thereafter. Heard fled the scene with no apparent motive uncovered. At
sentencing, Heard told the court that he shot Tell because Heard felt that Tell
disrespected him at some unknown point in the evening.
Heard was charged with 14 counts including aggravated murder and
related charges, which carried the possibility of life in prison. In exchange for
pleading down the significant charges to involuntary manslaughter, felonious
assault, having weapons while under a disability, and two attendant, three-year
firearm specifications for shooting three people, Heard agreed to a jointly
recommended sentencing range of 23–25 years. That agreement included and
acknowledged the additional indefinite sentence under the Reagan Tokes Law that
was required in addition to the agreed-upon range. The court imposed a term of
imprisonment of 25–30.5 years. Despite the rather favorable outcome given the
severity of the original charges, Heard filed this delayed appeal challenging his guilty
plea.
In the sole assignment of error, Heard claims his plea was not
knowingly, voluntarily, or intelligently entered because the trial court did not
adequately advise him about the jury unanimity requirement or how many jurors
would be on the panel. Heard concedes that the trial court advised him of his right
to a jury as required under Crim.R. 11, and there is no dispute that when asked about
the advisement, Heard indicated he understood his rights that he would be waiving
by pleading guilty. Under Crim.R. 11(C)(2)(a), before accepting a plea of guilty in a felony
case, the trial court must address the defendant personally and determine “that the
defendant is making the plea voluntarily, with understanding of the nature of the
charges and of the maximum penalty involved . . . .” Crim.R. 11(C)(2)(a) and (b)
identify the nonconstitutional rights that must be addressed before accepting a plea
of guilty, while Crim.R. 11(C)(2)(c) identifies the constitutional rights that must be
explained.
In State v. Dangler, 2020-Ohio-2765, the Ohio Supreme Court held
that when reviewing a plea challenge under Crim.R. 11, aside from two limited
exceptions, the “traditional rule” applies under which “a defendant is not entitled to
have his plea vacated unless he demonstrates he was prejudiced by a failure of the
trial court to comply with the provisions of Crim.R. 11(C).” Id. at ¶ 16, citing State v.
Nero, 56 Ohio St.3d 106 (1990). “The test for prejudice is ‘whether the plea would
have otherwise been made.’” Id., quoting Nero at 108. Prejudice must be
established on the face of the record. Id. at ¶ 24, citing Hayward v. Summa Health
Sys./Akron City Hosp., 2014-Ohio-1913, ¶ 26.
A trial court failing to explain the constitutional rights set forth in
Crim.R. 11(C)(2)(c) is one exception for which no showing of prejudice is required.
Dangler at ¶ 14. This is distinguished from “when a trial court fails to fully cover
other ‘nonconstitutional’ aspects of the plea colloquy,” in which case “a defendant
must affirmatively show prejudice to invalidate a plea.” Id. at ¶ 14, citing State v.
Veney, 2008-Ohio-5200, ¶ 17. The other exception to the prejudice component of the rule occurs only if a trial court completely fails to comply with a portion of
Crim.R. 11(C). Id. at ¶ 15.
In reviewing a Crim.R. 11 challenge, the questions to be answered are
“(1) has the trial court complied with the relevant provision of the rule? (2) if the
court has not complied fully with the rule, is the purported failure of a type that
excuses a defendant from the burden of demonstrating prejudice? and (3) if a
showing of prejudice is required, has the defendant met that burden?” Dangler at
¶ 17. Notwithstanding, there is no requirement that the trial court advise a
defendant of every possible permutation of a constitutional right or to define every
term used in the advisement, especially if the defendant expressly indicates his
understanding of the advisement. State v. Miller, 2020-Ohio-1420, ¶ 22; State v.
McElroy, 2017-Ohio-1049, ¶ 28 (8th Dist.).
In this appeal, although he concedes the trial court advised him of his
right to a jury trial during the plea colloquy, Heard claims the trial court failed to
advise him of the substance of what the right to a jury trial means. He cites no
authority to support his argument regarding the need for further explanation of the
right to a jury trial. See State v. Quarterman, 2014-Ohio-4034, ¶ 19, citing State v.
Bodyke, 2010-Ohio-2424, ¶ 78 (O’Donnell, J., concurring in part and dissenting in
part); see also Russo v. Gissinger, 2023-Ohio-200, ¶ 28 (9th Dist.), quoting State v.
Taylor, 1999 Ohio App. LEXIS 397, *3 (9th Dist. Feb. 9, 1999) (“‘It is the duty of the
appellant, not [an appellate court], to demonstrate his assigned error through an
argument that is supported by citations to legal authority and facts in the record.’”).
Free access — add to your briefcase to read the full text and ask questions with AI
[Cite as State v. Heard, 2025-Ohio-742.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, : No. 113929 v. :
CARLTON HEARD, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: March 6, 2025
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-22-676912-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and John Farley Hirschauer, Assistant Prosecuting Attorney, for appellee.
Goldberg Dowell & Associates LLC, and Adam Parker, for appellant.
SEAN C. GALLAGHER, J.:
Carlton Heard appeals his guilty plea to involuntary manslaughter,
felonious assault, having weapons while under a disability, and two attendant, three-
year firearm specifications. For the following reasons, we affirm. On New Year’s Eve 2019, the victim entered a Sunoco gas station
located at East 55th Street and Woodland Avenue in Cleveland. Heard was inside
the store with another individual, Michael Harrison, believed to be a leader of a local
gang. Surveillance footage shows the victim making a purchase, leaving the store,
and getting into his vehicle. Heard exited the store and retrieved a firearm from his
own vehicle. As the victim began to pull out of the gas station, Heard ran in front of
the vehicle and shot 11 times through the windshield. Two of the rounds hit the
victim in the chest. He was transported to the hospital to undergo surgery and
ultimately survived the shooting.
Three years later, in an unrelated incident, Marcelous Tell went to a
lounge in Warrensville Heights with his cousin at around 1:00 a.m. After a few
minutes, Tell went outside to meet another cousin who had difficulty entering the
lounge because of a misplaced identification. He sat outside with her for a bit before
attempting to re-enter the club. At that time, a line formed on the ramp outside the
door. Surveillance footage shows Heard leaving and re-entering the club several
times to go to his vehicle. As Tell awaited re-entry, Heard retrieved a firearm from
his vehicle and walked to the entrance of the club. Tell was standing a few feet in
front of Heard, when suddenly, and without any provocation, Heard shot Tell from
behind. The bullet entered just above Tell’s right ear, exiting and striking a security
officer standing at the entrance. Tell was pronounced dead shortly thereafter. Heard fled the scene with no apparent motive uncovered. At
sentencing, Heard told the court that he shot Tell because Heard felt that Tell
disrespected him at some unknown point in the evening.
Heard was charged with 14 counts including aggravated murder and
related charges, which carried the possibility of life in prison. In exchange for
pleading down the significant charges to involuntary manslaughter, felonious
assault, having weapons while under a disability, and two attendant, three-year
firearm specifications for shooting three people, Heard agreed to a jointly
recommended sentencing range of 23–25 years. That agreement included and
acknowledged the additional indefinite sentence under the Reagan Tokes Law that
was required in addition to the agreed-upon range. The court imposed a term of
imprisonment of 25–30.5 years. Despite the rather favorable outcome given the
severity of the original charges, Heard filed this delayed appeal challenging his guilty
plea.
In the sole assignment of error, Heard claims his plea was not
knowingly, voluntarily, or intelligently entered because the trial court did not
adequately advise him about the jury unanimity requirement or how many jurors
would be on the panel. Heard concedes that the trial court advised him of his right
to a jury as required under Crim.R. 11, and there is no dispute that when asked about
the advisement, Heard indicated he understood his rights that he would be waiving
by pleading guilty. Under Crim.R. 11(C)(2)(a), before accepting a plea of guilty in a felony
case, the trial court must address the defendant personally and determine “that the
defendant is making the plea voluntarily, with understanding of the nature of the
charges and of the maximum penalty involved . . . .” Crim.R. 11(C)(2)(a) and (b)
identify the nonconstitutional rights that must be addressed before accepting a plea
of guilty, while Crim.R. 11(C)(2)(c) identifies the constitutional rights that must be
explained.
In State v. Dangler, 2020-Ohio-2765, the Ohio Supreme Court held
that when reviewing a plea challenge under Crim.R. 11, aside from two limited
exceptions, the “traditional rule” applies under which “a defendant is not entitled to
have his plea vacated unless he demonstrates he was prejudiced by a failure of the
trial court to comply with the provisions of Crim.R. 11(C).” Id. at ¶ 16, citing State v.
Nero, 56 Ohio St.3d 106 (1990). “The test for prejudice is ‘whether the plea would
have otherwise been made.’” Id., quoting Nero at 108. Prejudice must be
established on the face of the record. Id. at ¶ 24, citing Hayward v. Summa Health
Sys./Akron City Hosp., 2014-Ohio-1913, ¶ 26.
A trial court failing to explain the constitutional rights set forth in
Crim.R. 11(C)(2)(c) is one exception for which no showing of prejudice is required.
Dangler at ¶ 14. This is distinguished from “when a trial court fails to fully cover
other ‘nonconstitutional’ aspects of the plea colloquy,” in which case “a defendant
must affirmatively show prejudice to invalidate a plea.” Id. at ¶ 14, citing State v.
Veney, 2008-Ohio-5200, ¶ 17. The other exception to the prejudice component of the rule occurs only if a trial court completely fails to comply with a portion of
Crim.R. 11(C). Id. at ¶ 15.
In reviewing a Crim.R. 11 challenge, the questions to be answered are
“(1) has the trial court complied with the relevant provision of the rule? (2) if the
court has not complied fully with the rule, is the purported failure of a type that
excuses a defendant from the burden of demonstrating prejudice? and (3) if a
showing of prejudice is required, has the defendant met that burden?” Dangler at
¶ 17. Notwithstanding, there is no requirement that the trial court advise a
defendant of every possible permutation of a constitutional right or to define every
term used in the advisement, especially if the defendant expressly indicates his
understanding of the advisement. State v. Miller, 2020-Ohio-1420, ¶ 22; State v.
McElroy, 2017-Ohio-1049, ¶ 28 (8th Dist.).
In this appeal, although he concedes the trial court advised him of his
right to a jury trial during the plea colloquy, Heard claims the trial court failed to
advise him of the substance of what the right to a jury trial means. He cites no
authority to support his argument regarding the need for further explanation of the
right to a jury trial. See State v. Quarterman, 2014-Ohio-4034, ¶ 19, citing State v.
Bodyke, 2010-Ohio-2424, ¶ 78 (O’Donnell, J., concurring in part and dissenting in
part); see also Russo v. Gissinger, 2023-Ohio-200, ¶ 28 (9th Dist.), quoting State v.
Taylor, 1999 Ohio App. LEXIS 397, *3 (9th Dist. Feb. 9, 1999) (“‘It is the duty of the
appellant, not [an appellate court], to demonstrate his assigned error through an
argument that is supported by citations to legal authority and facts in the record.’”). The trial court advised Heard of his right to a bench or jury trial, his
right to confront witnesses against him, the right to compulsory process, the right to
have the prosecution prove him guilty beyond a reasonable doubt, and the right
against self-incrimination. At every step, the court inquired into whether Heard
understood the rights being described. After the advisements, Heard indicated that
he understood the rights as they were presented by the court. The trial court
complied with Crim.R. 11, and therefore, Heard made a knowing, intelligent, and
voluntary decision to withdraw his previous not guilty plea. There is no error. See
State v. Martin, 2024-Ohio-2633, ¶ 16, 26 (8th Dist.) (concluding that because the
trial court advised the defendant of the advisements required by Crim.R. 11 and the
defendant acknowledged understanding those advisements, any appeal challenging
the guilty plea would be wholly frivolous); see also State v. Crawford, 2023-Ohio-
3791, ¶ 44-49 (8th Dist.) (dismissing appeal as no non-frivolous argument could be
raised as to the guilty plea in light of the trial court’s colloquy advising the defendant
of his rights under Crim.R. 11 and the defendant’s acknowledgment as to
understanding the rights as explained); State v. Garrison, 2023-Ohio-1039, ¶ 13
(same); State v. Sims, 2019-Ohio-4975, ¶ 31 (8th Dist.).
In light of the foregoing, Heard’s convictions are affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution. The defendant’s convictions having been affirmed, any bail pending appeal is terminated. Case
remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
______________________ SEAN C. GALLAGHER, JUDGE
LISA B. FORBES, P.J., and DEENA R. CALABRESE, J., CONCUR