Youngstown Daily Legal News

Stabbing after fender bender leads to eight-year prison sentence

ANNIE YAMSON
Special to the Legal News
Published: March 11, 2014

The 8th District Court of Appeals recently affirmed the judgment of the Cuyahoga County Court of Common Pleas upholding Orlando Jackson’s guilty plea to second-degree felonious assault.

Upon appeal, Jackson argued he did not enter his plea knowingly, intelligently and voluntarily, therefore, the trial court erred by accepting it.

He also claimed the Cuyahoga County court erred when it sentenced him to the maximum possible penalty for his offense but the district’s three-judge appellate panel found no merit to his arguments.

Jackson’s conviction stemmed from a March 22, 2013 fender bender with Brandon Lyons.

During the sentencing hearing, Lyons testified that immediately following the minor accident, there was an exchange of words and Lyons informed Jackson that his insurance would cover the damage.

Jackson reacted by stabbing Lyons within centimeters of his heart.

Lyons required open heat surgery to repair the wound and the case summary indicated that he will live with a permanent scar from his thorax to his abdomen.

Jackson was ordered to serve the maximum eight years in prison along with a mandatory term of three years postrelease control.

“Jackson contends that his plea was not knowing, intelligent or voluntary because he was not accurately informed of the maximum penalty,” wrote Judge Tim McCormack in his opinion issued on behalf of the court of appeals.

Judge McCormack noted that, under Crim.R. 11(C), prior to accepting a guilty plea in a felony case, the trial court must conduct an oral dialogue with the defendant to ensure that the plea is voluntary, that the defendant understands the nature of the charges and the maximum penalty and that the defendant understands the constitutional rights he waives by pleading guilty.

“When the trial court does not substantially comply with Crim.R. 11 with regard to a nonconstitutional right, reviewing courts must determine whether the trial court partially complied or completely failed to comply with the rule,” wrote Judge McCormack. “If the trial court partially complied, the plea may be vacated only if the defendant demonstrates a prejudicial effect.”

The appellate panel found that the Cuyahoga County court substantially complied with Crim.R. 11.

It noted that the court began the sentencing by inquiring about Jackson’s level of understanding and education.

Next, it identified the charge and advised Jackson that he had pled guilty to a second-degree felony offense that “is punishable by two to eight years in state prison in yearly increments.”

The court also told Jackson that a three-year term of postrelease control was mandatory for his offense as well as the presumption of prison.

“After the court informed Jackson of the charge and the possible sentences, Jackson indicated that he understood,” wrote Judge McCormack.

According to the transcript of the proceedings, the trial judge then proceeded to conduct a colloquy, explaining Jackson’s rights and what he would be waiving by entering a guilty plea.

“In each instance, Jackson indicated that he understood,” Judge McCormack wrote.

Based on its review of the proceedings, the court of appeals concluded that the trial court conducted a thorough colloquy prior to accepting Jackson’s plea.

It also found that Jackson failed to demonstrate that any prejudice occurred.

Judge McCormack went on to address Jackson’s claim that his maximum sentence was contrary to law.

While Jackson contended that sentence was void because the trial court failed to make specific findings, the appellate panel held that a trial court is no longer required to make specific findings or delineate reasons in support of the imposition of maximum sentences.

The record reflected that the trial court explained the purposes and principles of felony sentencing.

Additionally, the court addressed Jackson’s extensive criminal record that dated back to 1990 when he was 18 years old.

At the time of his sentencing in this case, Jackson was 41.

The trial court noted that Jackson had “done significant prison time in the federal system” and “clearly he did not learn from the sentences that the judges of this court as well as the judges in federal court gave him.”

In considering the impact of Jackson’s actions, the judge stated that Lyons had suffered “serious physical, economic and psychological harm as a result of the assault.”

In closing, the court stated, “Based upon the seriousness and recidivism factors, the seriousness of the injury here, the circumstances of the case and the totality of the circumstances, a minimum sentence is not warranted in this matter, in fact, the court believes that ... a maximum sentence is warranted.”

The appellate panel concluded that the maximum sentence was not contrary to law, overruling Jackson’s second and final assignment of error.

Presiding Judge Patricia Ann Blackmon and Judge Melody Stewart joined Judge McCormack to form the majority and affirm the judgment of the Cuyahoga County court.

The case is cited State v. Jackson, 2014-Ohio-706.

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