State v. Dorsey, 012221 OHCA2, 28754

• Docket Nº: 28754
• Opinion Judge: WELBAUM, J.
• Party Name: STATE OF OHIO Plaintiff-Appellee v. DEJANAE LEECHE DORSEY Defendant-Appellant
• Attorney: MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Atty. Reg. No. 0069384, Assistant Prosecuting Attorney, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Attorney for Plaintiff-Appellee STEVEN H. ECKSTEIN, Atty. Reg. No. 0037253, 1208 Attorney for Defendant-Appellant
• Judge Panel: DONOVAN, J. and HALL, J., concur.
• Case Date: January 22, 2021
• Court: Court of Appeals of Ohio

2021-Ohio-143

STATE OF OHIO Plaintiff-Appellee

v.

DEJANAE LEECHE DORSEY Defendant-Appellant

No. 28754

Court of Appeals of Ohio, Second District, Montgomery

January 22, 2021

Criminal Appeal from Common Pleas Court Trial Court Case No. 2018-CR-2032

MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Atty. Reg. No. 0069384, Assistant Prosecuting Attorney, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Attorney for Plaintiff-Appellee

STEVEN H. ECKSTEIN, Atty. Reg. No. 0037253, 1208 Attorney for Defendant-Appellant

OPINION

WELBAUM, J.

{¶ 1} On June 19, 2018, a Montgomery County grand jury returned an indictment charging Dejanae Leeche Dorsey with one count of improperly handling a firearm in a motor vehicle in violation of R.C. 2923.16(B), a fourth-degree felony, one count of aggravated menacing in violation of R.C. 2903.21(A), a first-degree misdemeanor, and one count of assault in violation of R.C. 2903.13(A), also a first-degree misdemeanor. The charges stemmed from allegations that Dorsey got into a physical altercation with a female at a parking lot in Miami Township during which Dorsey punched the female in the face. It was further alleged that Dorsey retrieved a loaded firearm from a nearby vehicle and pointed it at the female.

{¶ 2} On April 10, 2019, Dorsey entered into a plea agreement with the State and pled guilty to improperly handling a firearm in a motor vehicle. In exchange for Dorsey's guilty plea, the State agreed to dismiss the two remaining charges. After conducting a Crim.R. 11 plea colloquy, the trial court accepted Dorsey's guilty plea as knowingly, intelligently, and voluntarily entered.

{¶ 3} Approximately one month later, Dorsey pled guilty to felonious assault in Montgomery C.P. No. 2018-CR-4041. In negotiating that plea, Dorsey and the State agreed that if Dorsey pled guilty to felonious assault, she would receive no more than five years in prison for that offense and for the improperly handling a firearm offense in the instant case. As a result of that global resolution, both cases were sentenced together on June 11, 2019. The trial court sentenced Dorsey to five years in prison for the felonious assault and 18 months in prison for improperly handling a firearm in a motor vehicle, to be served concurrently for a total term of five years in prison.

{¶ 4} Three days after sentencing, Dorsey filed a motion to...