[Cite as State v. Boyd,
2023-Ohio-2812.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
MARION COUNTY
STATE OF OHIO,
PLAINTIFF-APPELLEE, CASE NO. 9-22-24
v.
SHAD BOYD, OPINION
DEFENDANT-APPELLANT.
Appeal from Marion County Common Pleas Court
Trial Court No. 21-CR-533
Judgment Affirmed
Date of Decision: August 14, 2023
APPEARANCES:
April F. Campbell for Appellant
Raymond A. Grogan, Jr. for Appellee
Case No. 9-22-24
MILLER, P.J.
{¶1} Defendant-appellant, Shad Boyd (“Boyd”), appeals the April 22, 2022
judgment of sentence of the Marion County Court of Common Pleas. For the
reasons that follow, we affirm.
{¶2} On December 8, 2021, the Marion County Grand Jury indicted Boyd
on two counts: Count One of possession of a deadly weapon while under detention
in violation of R.C. 2923.131(B), (C)(2)(d)(i), a fourth-degree felony, and Count
Two of aggravated possession of drugs in violation of R.C. 2925.11(A), (C)(1)(a),
a fifth-degree felony. On December 20, 2021, Boyd appeared for arraignment and
pleaded not guilty to the counts in the indictment.
{¶3} A change-of-plea hearing was held on March 21, 2022. At the hearing,
the trial court was informed that Boyd and the State had reached a negotiated plea
agreement. Boyd would plead guilty to Count One. In exchange, the State would
request dismissal of Count Two. There was no agreement as to sentencing. Prior
to the change-of-plea hearing, Boyd reviewed and executed a written plea
agreement. The trial court accepted Boyd’s guilty plea as to Count One and found
him guilty. At the recommendation of the State, the trial court entered a nolle
prosequi as to Count Two.
{¶4} At the sentencing hearing held on April 21, 2022, the trial court
sentenced Boyd to 12 months in prison. The trial court furthered ordered Boyd’s
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sentence in the instant case to be served consecutively to his sentence in Allen
County Case Number CR 2019 0303. The trial court filed its judgment entry of
sentence the following day.1
{¶5} On April 27, 2022, Boyd filed his notice of appeal. He raises one
assignment of error for our review.
Assignment of Error
Boyd’s conviction should be reversed because the trial court could
not accept Boyd’s guilty plea under Crim.R. 11(C), and his plea
was not knowing, voluntary, and intelligent.
{¶6} In his assignment of error, Boyd argues the trial court failed to comply
with Crim.R. 11(C)(2)(a) before it accepted his guilty plea to possession of a
deadly weapon while under detention. Specifically, Boyd contends the trial court
erred by not informing him that any prison sentence for this offense is required to
be imposed consecutively pursuant to R.C. 2929.14(C)(2).
Felony Pleas & Crim.R. 11(C)
{¶7} “Because a no-contest or guilty plea involves a waiver of constitutional
rights, a defendant’s decision to enter a plea must be knowing, intelligent, and
voluntary.” State v. Dangler, 162 Ohio St.3d 1,
2020-Ohio-2765, ¶ 10. “If the plea
1
In its judgment entry of sentence, the trial court did not explicitly state that the consecutive sentences were
mandatory pursuant to R.C. 2929.14(C)(2). (Doc. No. 27). Rather, the judgment entry of sentence discusses
the consecutive-sentencing factors set forth in R.C. 2929.14(C)(4). (Id.). However, at the sentencing hearing,
the trial court discussed both R.C. 2929.14(C)(2) and 2929.14(C)(4) when fashioning Boyd’s sentence. (Apr.
21, 2022 Tr. at 11-12).
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was not made knowingly, intelligently, and voluntarily, enforcement of that plea is
unconstitutional.” Id.
{¶8} Crim.R. 11, which outlines the procedures that trial courts must follow
when accepting pleas, “‘ensures an adequate record on review by requiring the trial
court to personally inform the defendant of his rights and the consequences of his
plea and determine if the plea is understandingly and voluntarily made.’” Id. at ¶
11, quoting State v. Stone, 43 Ohio St.2d 163, 168 (1975). Crim.R. 11(C), which
applies specifically to a trial court’s acceptance of pleas in felony cases, provides in
relevant part as follows:
(2) In felony cases the court may refuse to accept a plea of guilty or
a plea of no contest, and shall not accept a plea of guilty or no contest
without first addressing the defendant personally … and doing all
of the following:
(a) Determining that the defendant is making the plea voluntarily,
with understanding of the nature of the charges and of the maximum
penalty involved, and if applicable, that the defendant is not eligible
for probation or for the imposition of community control sanctions at
the sentencing hearing.
(b) Informing the defendant of and determining that the defendant
understands the effect of the plea of guilty or no contest, and that the
court, upon acceptance of the plea, may proceed with judgment and
sentence.
(c) Informing the defendant and determining that the defendant
understands that by the plea the defendant is waiving the rights to jury
trial, to confront witnesses against him or her, to have compulsory
process for obtaining witnesses in the defendant’s favor, and to
require the state to prove the defendant’s guilt beyond a reasonable
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doubt at a trial at which the defendant cannot be compelled to testify
against himself or herself.
Crim.R. 11(C)(2)(a)-(c).
{¶9} “When a criminal defendant seeks to have his conviction reversed on
appeal, the traditional rule is that he must establish that an error occurred in the trial-
court proceedings and that he was prejudiced by that error.” Dangler at ¶ 13.
However, in the criminal-plea context, the Supreme Court of Ohio has carved out
two limited exceptions to the prejudice component of the traditional rule. Id. at ¶
14-15. First, when a trial court fails to explain the constitutional rights listed in
Crim.R. 11(C)(2)(c) that a defendant waives by pleading guilty or no contest, it is
presumed that the plea was entered involuntarily and unknowingly, and no showing
of prejudice is required. Id. at ¶ 14. Second, “a trial court’s complete failure to
comply with a portion of Crim.R. 11(C) eliminates the defendant’s burden to show
prejudice.” (Emphasis sic.) Id. at ¶ 15. “Aside from these two exceptions, the
traditional rule continues to apply: 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.
Analysis
{¶10} In determining whether to vacate a defendant’s plea due to a trial
court’s alleged noncompliance with Crim.R. 11(C), we engage in a three-step
inquiry. First, we ask whether the trial court has complied with the relevant portion
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of Crim.R. 11(C). Dangler, 162 Ohio St.3d 1,
2020-Ohio-2765, at ¶ 17. If we
determine that the trial court has not complied fully with the relevant portion of
Crim.R. 11(C), we then query whether the failure is “of a type that excuses a
defendant from the burden of demonstrating prejudice.”
Id. Finally, if we find that
the failure is not one of the two types that relieves the defendant of his burden to
demonstrate prejudice, we ask whether the defendant has shown that he was
prejudiced by the trial court’s noncompliance with Crim.R. 11(C).
Id. Applying,
this analysis to the facts of this case, we conclude that Boyd is not entitled to a
vacation of his guilty plea.
{¶11} Boyd argues his conviction should be reversed because the trial court
failed to inform him that if he were sentenced to a prison term for possession of a
deadly weapon while under detention, the prison term was statutorily required to
run consecutively to the term he was serving during the commission of the offense.
Accordingly, Boyd contends the trial court did not inform him of the maximum
sentence pursuant to Crim.R.11 (C)(2)(a).
{¶12} At the change-of-plea hearing, the trial court engaged in the following
dialogue with Boyd relating to the maximum penalty:
[Trial Court]: I need to make sure that you understand the
maximum possible consequences for entering this
guilty plea. I need to make sure [you] understand
the rights you’re giving up by pleading guilty. And
I need to make sure you’re doing it all voluntarily.
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So, I’m going to start with that first one, the
maximum possible consequences. By pleading
guilty to this Count 1, Possession of a Deadly
Weapon While Under Detention, a felony of the
fourth degree, you’re subjecting yourself to the
maximum possible penalty for a felony of the fourth
degree being up to 18 months in prison. And up to
a $5,000.00 fine. You understand that?
[Boyd]: Yes, I do.
(Mar. 21, 2022 Tr. at 8-9).
{¶13} The trial court also explained that if Boyd is sent to prison, upon his
release, he could be subject to post-release control. (Id. at 10). Additionally, the
trial court informed Boyd that, in lieu of prison, he could receive up to five years of
community control. (Id. at 10-11).
{¶14} R.C. 2929.14(C)(2) provides, in pertinent part:
[I]f an offender who is under detention at a detention facility commits
a felony violation of section 2923.131 of the Revised Code, … any
prison term imposed upon the offender for one of those violations
shall be served by the offender consecutively to the prison term or
term of imprisonment the offender was serving when the offender
committed that offense and to any other prison term previously or
subsequently imposed upon the offender.
{¶15} Accordingly, although a prison sentence was required to be imposed
consecutively to the term of imprisonment Boyd was serving when committing the
instant offense, the trial court was not required to impose a prison sentence. See
R.C. 2929.14(C)(2).
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{¶16} Boyd’s argument, that the trial court must inform a defendant that a
sentence must run consecutively to any other prison term, is not a novel one and has
been considered by other Ohio appellate courts. See State v. Shade, 2d Dist.
Montgomery Nos. 29373 and 29374, 2022-Ohio-3845, ¶ 14; State v. Bailey, 9th
Dist. Summit Nos. 28003, 28004, and 28005,
2016-Ohio-4937, ¶ 17. For instance,
in State v. Norman, the Eighth District Court of Appeals held that when a statute
mandates that sentences must be served consecutively, the consecutive nature
“directly affects the length of the sentence, thus becoming a crucial component of
what constitutes the ‘maximum’ sentence.” State v. Norman, 8th Dist. Cuyahoga
No. 91302,
2009-Ohio-4044, ¶ 7. However, the holdings of such cases only apply
“when the imposition of consecutive sentences is a foregone conclusion at the time
the plea is entered and accepted, that is, only in cases where ‘a mandatory,
consecutive prison term was a guaranteed consequence of appellant’s guilty plea.’”
State v. Milhoan, 6th Dist. Lucas Nos. L-10-1328, L-10-1329,
2011-Ohio-4741, ¶
35, quoting Norman at ¶ 9.2
2
In State v. Crose, this court recently applied the holding from the Supreme Court of Ohio’s decision in
State v. Jones, _____ Ohio St.3d ___,
2022-Ohio-4485, that a reserved prison term imposed for a community
control violation may only be imposed consecutively to another prison term, if the trial court specifically
notified the defendant of the potential for consecutive sentences when the prison term was reserved. State v.
Crose, 3d Dist. Crawford No. 19-CR-0446,
2023-Ohio-880, ¶ 19-21. Because the trial court failed to inform
Crose of this potential sentencing ramification, the trial court erred by ordering the two prison terms to be
served consecutively. Id. at ¶ 20. However, because the instant case does not concern a reserved prison term,
it is readily distinguishable from Crose.
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{¶17} When Boyd entered his guilty plea, it was not a “foregone conclusion”
he would receive a prison sentence, let alone a consecutive one. See Shade, 2022-
Ohio-3845, at ¶ 16. Boyd was informed at the time he made his guilty plea that he
was eligible for community-control sanctions, “so despite the possibility of
incurring a consecutive sentence, it was not a ‘guaranteed consequence’” of Boyd’s
guilty plea. (Emphasis sic.) Id. Accordingly, we decline to adopt Boyd’s argument
and find that his guilty plea was knowingly, intelligently, and voluntarily made.
Accordingly, his assignment of error is overruled.
Conclusion
{¶18} For the foregoing reasons, Boyd’s assignment of error is overruled.
Having found no error prejudicial to the appellant herein in the particulars assigned
and argued, we affirm the judgment of the Marion County Court of Common Pleas.
Judgment Affirmed
WILLAMOWSKI and ZIMMERMAN, J.J., concur.
/jlr
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