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State v. Kelly
Citation: 2022 Ohio 3628Docket: C-200013
Court: Ohio Court of Appeals; October 12, 2022; Ohio; State Appellate Court
Original Court Document: View Document
In State v. Kelly, 2022-Ohio-3628, the Court of Appeals for Hamilton County addressed an appeal by James Kelly concerning his convictions for conspiracy to commit murder and having a weapon while under a disability. The court affirmed in part and reversed in part, remanding the case for further proceedings. Kelly pleaded guilty to conspiracy to commit murder after the state dismissed the weapon charge. He subsequently moved to strike the indefinite-sentencing provision of the Reagan Tokes Law, arguing it violated the separation-of-powers doctrine and the Due Process Clause. The court ruled that the Reagan Tokes Law is facially constitutional, referencing a prior decision where it had been upheld. However, the court found merit in Kelly’s second assignment of error regarding the trial court's failure to provide required notifications about the indefinite-sentencing scheme during sentencing, as mandated by R.C. 2929.19(B)(2)(c). The trial court's failure to inform Kelly of the relevant details constituted error, necessitating a remand for the trial court to fulfill these notification requirements. The state acknowledged this error. Kelly's second assignment of error is upheld, necessitating the trial court to issue notifications as mandated by R.C. 2929.19(B)(2)(c). Regarding his third assignment, Kelly claims ineffective assistance of counsel, arguing that his lawyer failed to file a motion to challenge the presumption of his enrollment in the violent-offender database, as he was not the principal offender in the conspiracy. He contends the existence of an uncharged coconspirator could imply that they were the principal, and that the trial court's remarks indicated the issue should have been raised. Under the Strickland v. Washington standard, a defendant must demonstrate that counsel's performance was deficient and that this deficiency prejudiced the defense. Kelly did not file the necessary motion to rebut the presumption before sentencing, which required him to prove he was not the principal offender. By pleading guilty, Kelly waived the right to claim ineffective assistance unless he could show that the plea was not made knowingly, intelligently, or voluntarily. He did not argue that his plea was compromised by counsel's performance. Additionally, there is insufficient evidence to substantiate the existence of a coconspirator who could have been the principal offender since Kelly was the only individual charged and convicted. Therefore, challenging the violent-offender database requirement would not have likely succeeded and is more suited for a postconviction petition. The court affirms the trial court's judgment except for the remand for the notifications. Judgment is partially affirmed, partially reversed, and the case is remanded.