Factual
and Procedural History
{¶
2} This case stems from two separate criminal cases, both of
which were resolved by guilty plea.
{¶
3} In Cuyahoga C.P. No. CR-22-669855-A, on May 12, 2022, a
Cuyahoga County Grand Jury indicted Pampley[1] on one count of
aggravated robbery in violation of R.C. 2911.01(A)(1), one
count of robbery in violation of R.C. 2911.02(A)(1), and one
count of failure to comply in violation of R.C. 2921.331(B)
with a furthermore specification. The robbery and aggravated
robbery counts both carried one- and three-year firearm
specifications. These charges arose from a carjacking where
Pampley allegedly stole a woman's car at gunpoint and
then fled from police.
{¶
4} In Cuyahoga C.P. No. CR-22-673970-A, on September 6, 2022
a Cuyahoga County Grand Jury indicted Pampley[2] on three counts
of rape in violation of RC. 2907.02(A)(2), one count of
kidnapping in violation of RC. 2905.01(A)(4) with a sexual
motivation specification, and two counts of gross sexual
imposition in violation of RC. 2907.05(A)(1). There is
minimal information in the record
regarding the events from which these charges arose; the
charges stem from an alleged sexual assault that occurred in
2018.
{¶
5} Pampley initially pleaded not guilty to both indictments.
On March 13, 2023, the court held a change-of-plea hearing.
At this hearing, the assistant prosecuting attorney placed
the plea offer on the record and the court engaged in the
following preliminary discussion with Pampley, in relevant
part:
PAMPLEY: So look, this is my worry, right? It's my worry
that I'm going to cop out, but with the Reagan Tokes, you
feel me, I'm going to get in trouble and end up having to
do that time because that's just -like, Friday, I got
assaulted by a CO.
THE COURT: So I understand. So you're worried - like
listen, you get four years Reagan Tokes time, you're
worried that you'll get all that time.
PAMPLEY: Yeah.
THE COURT: So a couple things. One, Reagan Tokes is pending
before the Supreme Court, and they may get rid of it. They
may say it's unconstitutional, illegal. And you would
only have four years of Reagan Tokes if you get a maximum
sentence.
Reagan Tokes time is shorter depending on your sentence.
Let's say you got a four-year sentence. That Reagan Tokes
time is only two years. It's not necessarily four years.
* * *
PAMPLEY: So if I take this plea, right, so like, if you tell
me I get some on the back end, I'm not talking the high
end, so say you sentence me to three, right? I'm going to
say four. Say you sentence me to four, right? So I'm
going to get out after this four or -
THE COURT: You're actually probably going to get out in
less than four because you'll get credit for the time
you've been sitting.
PAMPLEY: So I can get time served for the year?
THE COURT: You will definitely get credit for all the time
you've been sitting, and under Reagan Tokes, if you
behave yourself, have great conduct, you can earn time off
your sentence of five to 15 percent.
PAMPLEY: I know about going to school and getting an OPI, and
stuff like that. I know how to get good days. I'm just
more skeptical of the fact that somebody do something and
they say that I did it, and you know, birds of a feather
flock together, and I'm going to be left out.
THE COURT: You know, Mr. Pampley, I can't forecast
what's going to happen once you're in prison. I
don't have any control over that. I can tell you if, in
your example, you get four years, you will get credit for the
time served.
PAMPLEY: So I would have three left?
THE COURT: You would have three left.
The Reagan Tokes time would be there, but that would be
subject to it still being constitutional, and then they would
have to conduct a hearing in order to keep you there before
they can keep you in there.
PAMPLEY: So it's three to five or three to nine right
now?
THE COURT: It's three to nine years, and I told you, your
counsel, I'll run everything concurrent.
Also, a benefit of this is that in Case Number -970,
you're pleading to a non-sex offense, so you don't
have to register as a sex offender.
PAMPLEY: Oh, that's cool.
THE COURT: Yeah. It's a big change in the plea.
So, I mean, I'm sure your counsel told you, there's
good things about this and bad things.
I don't know what happened with your case. I have these
cases. I have the filings by your counsel. You know whether
or not, for the [aggravated] robbery case, what you did or
didn't do. You know that.
Your counsel knows what the State can prove in court. If your
counsel said there's a likelihood you're found
guilty, then you should probably take this plea. If your
counsel told you that there's a good chance, you know,
you might be found not guilty, then go forward at trial.
You've got to think about that, what's the likelihood
of you being successful, at trial versus not being successful
at trial, and you have to weigh those.
PAMPLEY: Right. I mean, I'll take the plea. I'm,
like, way scared on the Reagan Tokes end, but on your end, I
see what you're saying, though. I'll take the plea,
but whatever happens on the back end, you don't got
nothing to do with it, for real.
DEFENSE COUNSEL: He just doesn't like the uncertainty and
not having control over -
THE COURT: Yeah. Mr. Pampley, I wish I could tell you more.
I'm telling you straight up, I have zero control of that
aspect. I have zero control over that.
PAMPLEY: So that's why I said I'll take the plea. I
see what you're trying to do on your end. I'm just
going to have to battle that on the back end.
THE COURT: So do you want to go forward with the plea then?
PAMPLEY: Yeah.
{¶
6} The court then proceeded to engage in a formal Crim.R. 11
plea colloquy with Pampley.
{¶
7} Pampley ultimately pleaded guilty in case 669855 to one
count of robbery, a felony of the second degree, and the
attendant one-year firearm specification; one count of
attempted failure to comply, a felony of the fourth degree;
and one count of receiving stolen property, a misdemeanor of
the first degree. In the case 673970, Pampley pleaded guilty
to one amended count of kidnapping, a felony of the second
degree. The remaining counts and specifications against
Pampley were dismissed.
{¶
8} The court ordered a presentence-investigation report
("PSI") and mitigation-of-penalty report from the
court psychiatric clinic.
{¶
9} On April 13, 2023, the court held a sentencing hearing.
The court stated at the outset of the hearing that it had
reviewed the PSI, mitigation-of-penalty report, a
reintegration plan provided by defense counsel, and a social,
mental, educational, and psychiatric history synopsis
provided by defense counsel. Defense counsel then informed
the court that Pampley wished to withdraw his plea and
potentially hire different counsel. Pampley addressed the
court as follows:
Reasons, reasons to. During my plea bargain I was going
through mental, mental trauma and physical trauma and I was
not in the right state of mind when I took the plea due to
getting assaulted by a CO within the jail. And I was not
stable. And different other conditions within the jail. And I
was not in the right state of mind when I took the plea.
The last thing that I knew about a plea was three to five. I
really wasn't conscious. And we was talking at the last
hearing when you was saying - when I was [pleading] guilty to
the charges I thought I was going home. That's what I was
hearing in my head. I wasn't present and really know
what's going on.
So I would like to ask you to withdraw my plea today, and
have a fair chance to do what I got to do and do the right
thing. I would like to be on the record also.
The
court confirmed that Pampley did not want to place anything
else on the record regarding his oral motion to withdraw his
plea. The court then heard from defense counsel and the
assistant prosecuting attorney.
{¶
10} Following the parties' arguments on the motion, the
court stated:
The court will note several items for the record. One, that
the plea occurred on the trial date of Mr. Pampley. We were
set for trial.
Secondly, the court engaged in a lengthy plea colloquy with
Mr. Pampley in which the court stated unequivocally what Mr
Pampley was facing in terms of prison time.
There were further conversations regarding consecutive versus
concurrent and Reagan Tokes. It was abundantly clear at the
time of the plea hearing that Mr. Pampley was going to be
sentenced to a term of incarceration in prison because of the
plea to the one year firearm specification, in addition to
the counts in case number 669855, the felony of the second
degree, robbery, the attempted failure to comply, felony of
the fourth degree, and then the misdemeanor, receiving stolen
property.
It was clearly placed on the record that Mr. Pampley would be
serving a prison sentence. And so that was explained to him
clearly. Furthermore, the court went through a deliberate
criminal rule colloquy prior to asking the defendant whether
or not he wanted to plead guilty, advised him of his
constitutional rights, went through the
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