State v. Vinson
| Decision Date | 03 November 2016 |
| Docket Number | No. 103329.,103329. |
| Citation | 73 N.E.3d 1025,2016 Ohio 7604 |
| Parties | State of OHIO, Plaintiff–Appellee v. Demetrias VINSON, Defendant–Appellant. |
| Court | Ohio Court of Appeals |
Robert L. Tobik, Chief Public Defender by Erika Cunliffe, Assistant Public Defender, Cleveland, OH, for appellant.
Timothy J. McGinty, Cuyahoga County Prosecutor by Mary McGrath, Christopher D. Schroeder, Assistant Prosecuting Attorneys, Cleveland, OH, for appellee.
Before: E.A. GALLAGHER, P.J., BOYLE, J. and S. GALLAGHER, J.
{¶ 1} Defendant-appellant Demetrias Vinson appeals his convictions and sentences after he pled guilty to 21 counts in connection with a series of armed robberies and an attempted murder. Vinson argues that the 99–year aggregate prison sentence he received violates the Eighth Amendment and is contrary to law because it imposes a de facto life sentence on a teenager and fails to take into account mitigating circumstances that he contends warrant a shorter aggregate sentence. Vinson further argues that his guilty pleas should be vacated because he was "misled concerning the true extent of his sentencing exposure" and, therefore, did not enter his guilty pleas knowingly, intelligently and voluntarily. He also contends that trial counsel failed to provide effective assistance with respect to the entry of his guilty pleas and the presentation of mitigation evidence at the sentencing hearing. Finally, Vinson contends that the trial court abused its discretion in denying his postsentence motion to withdraw his guilty pleas. For the reasons that follow, we affirm Vinson's convictions, vacate the trial court's imposition of consecutive sentences and remand the matter for the trial court to consider whether consecutive sentences are appropriate pursuant to R.C. 2929.14(C)(4) and, if so, to make the proper findings on the record at the sentencing hearing and to incorporate those findings into its sentencing entry.
{¶ 2} On February 25, 2015 a Cuyahoga County Grand Jury indicted Vinson and juvenile codefendant Kain Vaughn (collectively, the "defendants") in a 53–count indictment. The indictment included 49 counts against Vinson1 relating to five armed robberies and an attempted murder committed over a 12–day period from October 10 to October 22, 2014, in Cleveland.
{¶ 3} On October 10, 2014, Vinson was part of an armed home invasion, robbing a woman at home with her two young children.2
{¶ 4} On October 17, 2014, Vinson robbed City Cell, a mobile phone store. Vinson pointed a gun at the store owner and forced him to the ground, stealing his wallet and cell phone. Vinson also took $3,200 from the store's cash register, broke the store's telephone and ripped the phone cord from the wall. Vinson struck the store owner in the head with the gun and tied him up with his own belt.
{¶ 5} On the morning of October 19, 2014, Vinson and Vaughn, armed with handguns, robbed Tom's Food Mart. Later that afternoon, they robbed Franklin Food Mart. Each of these two robberies involved multiple victims. Vinson and Vaughn tried to conceal their identities by destroying the security cameras at the stores. In the Tom's Food Mart robbery, Vinson pulled a gun on the cashier while Vaughn forced a customer to the floor at gunpoint. During the Franklin Food Mart robbery, one of the victims had two cell phones and his wallet stolen and his head "stomped on" by the defendants. The defendants told another victim they knew where he lived and threatened to kill him if he identified them.
{¶ 6} On October 20, 2014, Vinson shot Isaiah Nunn five times in the driveway of a house on West 94th Street in Cleveland. As a result of the shooting, Nunn had to have one of his eyeballs surgically removed.
{¶ 7} On October 21, 2014, Vinson robbed a convenience store on Puritas Avenue at gunpoint. He and Vaughn were arrested following a foot chase by police on the following day. At the time of his arrest, Vinson was carrying a concealed Smith & Wesson .9 mm handgun.
{¶ 8} Vinson was indicted on charges relating to all six incidents; Vaughn was indicted for his involvement in two of the robberies. Vinson was 18 years old when the crimes were committed; Vaughn was 17.
{¶ 9} The state offered a package plea deal to Vinson and Vaughn, which required they both plead guilty to multiple offenses. The defendants agreed to accept the plea offer. As a result, Vinson pled guilty to 21 felony counts: three counts of aggravated robbery with three-year firearm specifications (Counts 2, 6 and 29); four counts of aggravated robbery with one-year firearm specifications (Counts 11, 12, 43 and 44); one count of aggravated robbery with no firearm specifications (Count 42); one count of kidnapping with a three-year firearm specification (Count 25); one count of kidnapping with a three-year firearm specification (Count 39); two counts of kidnapping with no firearm specifications (Counts 9 and 45); one count of aggravated burglary with a three-year firearm specification (Count 23); one count of attempted murder with a three-year firearm specification (Count 33); two counts of intimidation of a crime victim or witness with one-year firearm specifications (Counts 17 and 18); one count of vandalism (Count 19) and four counts of having a weapon while under disability (Counts 21, 32, 48 and 53), one of which included a forfeiture of weapon specification (Count 53). The remaining counts were nolled.
{¶ 10} At the plea hearing, defense counsel advised the trial court that he had discussed the plea offer at length with Vinson:
{¶ 11} The trial judge proceeded with the plea colloquy. The trial judge asked Vinson a number of preliminary questions then advised Vinson of his constitutional rights and confirmed that Vinson understood the rights he would be giving up by entering his guilty pleas. The trial court outlined the penalties Vinson faced on each offense to which he was pleading guilty, including the maximum prison sentence for each offense. The trial court did not, however, inform Vinson of the maximum aggregate sentence that could be imposed based on his guilty pleas and did not explain that the sentences on the base offenses to which he would be pleading guilty could be imposed consecutively. Vinson indicated that he understood the potential penalties he faced as a result of his pleas. He confirmed that he was satisfied with the representation he had received from defense counsel and that no threats or promises had been made to him to induce him to change his pleas other than what had been stated on the record.
{¶ 12} The trial court found that Vinson entered his pleas "knowingly and voluntarily * * * with full understanding of [his] constitutional and trial rights" and accepted his guilty pleas. At the request of defense counsel, the trial court ordered a presentence investigation report ("PSI") and mitigation report.
{¶ 13} On July 22, 2015, following receipt and review of the PSI and mitigation report, the trial court conducted the sentencing hearing. Prior to imposing sentence, the trial court heard from Vinson, defense counsel and the state. Vinson apologized to his victims, his family and the court. Defense counsel addressed the court, referenced the PSI and mitigation reports and stated that he "would accept the findings" of the Court Psychiatric Clinic "without the need of any testimony from them." Defense counsel argued that Vinson's diagnosis of bipolar disorder
combined with his drug and alcohol abuse suggested that "mental" issues may have contributed to Vinson's criminal conduct. He requested that Vinson's admission of his guilt and apology to those he had injured be considered and that he be given "the opportunity to maybe rejoin society with appropriate conduct going forward."
{¶ 14} The prosecutor also addressed the court. He briefly described each of the incidents in Vinson's "crime spree" and introduced a DVD containing footage from the security camera at Tom's Food Mart3 to give "insight as to how Mr. Vinson conducts his crimes when he thinks no one is watching, when he thinks the video is destroyed."
{¶ 15} The trial court sentenced Vinson on each of the counts to which he had pled guilty as follows:
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