State v. Taylor

93 N.E.3d 1, 2017 Ohio 4395
CourtCourt of Appeals of Ohio, Fourth District, Adams County
DecidedJune 7, 2017
DocketNo. 16CA1028
StatusPublished
Cited by9 cases

This text of 93 N.E.3d 1 (State v. Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Fourth District, Adams County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Taylor, 93 N.E.3d 1, 2017 Ohio 4395 (Ohio Super. Ct. 2017).

Opinion

ABELE, J.

{¶ 1} This is an appeal from an Adams County Common Pleas Court judgment of conviction and sentence. A jury found Aaron M. Taylor, defendant below and appellant herein, guilty of possession of heroin, in violation of R.C. 2925.11(A). Appellant assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:
*4"THE COURT COMMITTED REVERSIBLE ERROR IN DENYING THE DEFENDANT'S REQUEST TO PLEAD GUILTY AS CHARGED."
SECOND ASSIGNMENT OF ERROR:
"THE COURT COMMITTED REVERSIBLE ERROR IN SENTENCING DEFENDANT TO A HARSHER SENTENCE DUE TO A JURY TRIAL."

{¶ 2} On June 5, 2015, an Ohio State Highway Patrol Trooper conducted a routine traffic stop of appellant's vehicle. During the stop, the trooper saw marijuana inside the vehicle. A subsequent search uncovered heroin in the vehicle and on appellant's person.

{¶ 3} Subsequently, an Adams County grand jury returned an indictment that charged appellant with possession of heroin, in violation of R.C. 2925.11(A). Appellant entered a not guilty plea and the trial court set the case for a jury trial.

{¶ 4} Immediately before the trial began, appellant's counsel informed the court that appellant wished to plead guilty. The court responded:

No, we are done with those days where we wait until the last minute and we inconvenience 80 people or 100 people. He wanted a trial, he'll get a trial, but I am not going to, this is not going to be happening in this court any more where for some reason I think there was some late evidence on Friday, discovery since December 1st, we have had multiple hearings, so I don't know, it will be an interesting appealable issue.

Appellant's counsel clarified that he did not receive the "late evidence" that the court mentioned until 3:00 pm on the last business day (Friday) before the date the trial was set to begin (Monday). Appellant's counsel stated that "if we had had [the evidence] brought to us earlier it might have been a different story." The court nevertheless denied appellant's request to plead guilty. The court did, however, grant appellant's request to prohibit the state from introducing the late evidence.1 After hearing the evidence, the jury found appellant guilty as charged.

{¶ 5} At the sentencing hearing, the trial court considered appellant's criminal history. The court noted that appellant (1) had been convicted of obstructing official business, and (2) had multiple traffic violations (i.e., speeding and seat belt violations, failure to control, failure to maintain an assured clear distance). The court further observed that in 2012, appellant was charged with operating a vehicle while intoxicated and involuntary manslaughter, but due to a technicality (appellant's blood test apparently was misplaced), the case was dismissed with prejudice. Appellant admitted that he was on Methadone at the time of the accident that resulted in the involuntary manslaughter charge and that he continues to use Methadone to treat his addiction.

{¶ 6} With respect to appellant's current possession of heroin offense, the trial court determined that appellant did not display any remorse. The court also noted that the excluded videotape evidence shows appellant snorting heroin in the back seat of the police cruiser. The judge further pointed out that appellant knew exactly what happened and that the evidence on the videotape should not have been a surprise. The court thus discounted appellant's claim that he could not have made an informed decision whether to plead guilty without the earlier disclosure of the videotape. The court noted that appellant knew exactly what happened, yet decided to proceed to trial and inconvenience jurors-some "80 people."

{¶ 7} The trial court additionally expressed its displeasure with the sentencing *5provisions contained in House Bill 86. The judge informed appellant: "I think you should go to prison. I think it should be for the maximum, and I think you should get your automatic appellate rights and see what they do." The court continued:

Mr. Taylor, you are a master manipulator, I see them all the time in here. But I see few as good as you. You are oblivious, you are self-serving. In order to protect the public from future crimes by you for awhile, and without the ability to send you to prison, to maybe shock your conscience, nothing has ever shocked your conscience. You're in jail for six months, we have a dead man, his family is grieving, and you're lit up on State Route 32 with heroine [sic] and syringes and doing heroine [sic] in the back of the patrol car.

The court thus sentenced appellant to serve four years of community control, two hundred forty hours of community service, pay a $750 fine, serve one hundred sixty days in county jail, and serve a three-year driver's license suspension. This appeal followed.

I

{¶ 8} In his first assignment of error, appellant asserts that the trial court erred by denying his request to plead guilty.

{¶ 9} Initially, we note that in general a criminal defendant does not have a constitutional right to plead guilty. State v. Jackson , 68 Ohio App.2d 35, 36, 426 N.E.2d 528 (8th Dist. 1980), citing North Carolina v. Alford , 400 U.S. 25, 38 at fn.11, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) ; accord State v. Yates , 11th Dist. Ashtabula No. 2014-A-044, 2015-Ohio-3087, 2015 WL 4610464, ¶ 37 ; State v. Raymond, Franklin App. No. 05AP-1043, 2006-Ohio-3259, 2006 WL 1750953, ¶ 10. Instead, Crim.R. 11(C)(2) states that a "court may refuse to accept a plea of guilty." Thus, the rule provides a court with discretion to determine whether to accept or to reject a guilty plea in a felony case. Raymond at ¶ 10. Accordingly, reviewing courts will not reverse a trial court's decision concerning the initial determination to accept or reject a defendant's guilty plea unless the court abused its discretion. An "abuse of discretion" means that the court acted in an " 'unreasonable, arbitrary, or unconscionable' " manner or employed " 'a view or action that no conscientious judge could honestly have taken.' " State v. Kirkland,

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Cite This Page — Counsel Stack

Bluebook (online)
93 N.E.3d 1, 2017 Ohio 4395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-ohctapp4adams-2017.