State v. Ingram

93 N.E.3d 1253, 2017 Ohio 5685
CourtCourt of Appeals of Ohio, Sixth District, Sandusky County
DecidedJune 30, 2017
DocketNo. S–16–046
StatusPublished
Cited by8 cases

This text of 93 N.E.3d 1253 (State v. Ingram) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Sixth District, Sandusky County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ingram, 93 N.E.3d 1253, 2017 Ohio 5685 (Ohio Super. Ct. 2017).

Opinion

JENSEN, P.J.

I. Introduction

{¶ 1} Appellant, Denver Ingram, appeals the judgment of the Sandusky County Court of Common Pleas, sentencing him to 72 months in prison following his guilty plea to two counts of aggravated trafficking in drugs. We affirm.

A. Facts and Procedural Background

{¶ 2} On July 1, 2015, the Sandusky County Grand Jury entered a seven-count indictment against appellant, charging him with two counts of aggravated trafficking in drugs in violation of 2925.03(A)(1)(C)(1)(b), felonies of the third degree; two counts of endangering children in violation of 2919.22(B)(6), felonies of the third degree; one count of illegal assembly of chemicals for manufacture of drugs in violation of 2925.041(A), a felony of the second degree; one count of illegal manufacture of drugs in violation of 2925.04(A), a felony of the second degree; and one count of engaging in a pattern of corrupt activity in violation of 2923.32(A)(1), a felony of the first degree. The indictment specified that appellant manufactured methamphetamine, a schedule II drug, from supplies purchased by other persons involved in the criminal activity and sold half a gram of methamphetamine in the vicinity of a juvenile and less than 1,000 feet from an elementary school.

{¶ 3} On July 25, 2016, pursuant to appellant's application and based on his indigent circumstances, the trial court appointed counsel to represent appellant in this case. On September 15, 2016, appellant pled guilty to two counts of aggravated trafficking in drugs in violation of R.C. 2925.03(A)(1)(C)(1)(b), felonies of the third degree. The remaining counts in the indictment were dismissed. Following his guilty plea, appellant was sentenced to 36 months for each offense, to be served consecutively for an aggregate sentence of 72 months in prison.

{¶ 4} Subsequent to the trial court's imposition of sentence, appellant filed a pro se motion for delayed appeal which was granted by the court. Counsel was appointed for purposes of appeal.

B. Assignments of Error

{¶ 5} On appeal, appellant assigns three errors for our review, which he groups together as follows:

The convictions of Denver L. Ingram, Jr. ("Appellant") must be vacated on the basis that [ (1) ] Appellant was deprived *1257of his constitutional right to retain an attorney of his choice, [ (2) ] the Trial Court imposed an unconstitutional trial tax by threatening Appellant with additional prison time should Appellant not accept a plea bargain and be found guilty after exercising his constitutional right to retain an attorney of his choice, and [ (3) ] Appellant's statutory right to a speedy trial was violated.

II. Analysis

{¶ 6} In the first assignment of error, appellant argues that he was deprived of his constitutional right to retain an attorney of his choice.

{¶ 7} The Sixth Amendment to the U.S. Constitution states: "In all criminal prosecutions, the accused shall enjoy the right * * * to have the Assistance of Counsel for his defence." This fundamental right is preserved in state actions by the Fourteenth Amendment to the U.S. Constitution. Gideon v. Wainwright , 372 U.S. 335, 343, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). For defendants who cannot afford to hire a lawyer, appointment of counsel at the public's expense is required. Id. at 344, 83 S.Ct. 792. However, unlike the right to counsel, the right to counsel of choice is not absolute. United States v. Iles , 906 F.2d 1122, 1130 (6th Cir. 1990). "[T]he right to counsel of choice does not extend to defendants who require counsel to be appointed for them." United States v. Gonzalez-Lopez , 548 U.S. 140, 151, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006) ; see Wheat v. United States , 486 U.S. 153, 159, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988). "The right to appointed counsel entitles a defendant to competent, effective legal representation, not the counsel of the defendant's choice * * *." State v. Taylor , 6th Dist. Lucas No. L-12-1037, 2013-Ohio-3066, 2013 WL 3776604, ¶ 6, citing Morris v. Slappy , 461 U.S. 1, 13-14, 103 S.Ct. 1610, 75 L.Ed.2d 610 (1983).

{¶ 8} The trial court's decision relating to the substitution of counsel is reviewed under an abuse-of-discretion standard. State v. Jones , 91 Ohio St.3d 335, 343, 744 N.E.2d 1163 (2001).

Factors to consider in deciding whether a trial court erred in denying a defendant's motion to substitute counsel include "the timeliness of the motion; the adequacy of the court's inquiry into the defendant's complaint; and whether the conflict between the attorney and client was so great that it resulted in a total lack of communication preventing an adequate defense." Id.

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Cite This Page — Counsel Stack

Bluebook (online)
93 N.E.3d 1253, 2017 Ohio 5685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ingram-ohctapp6sandusk-2017.