State v. Waggle
| Decision Date | 30 September 2021 |
| Docket Number | No. CT2020-55,CT2020-55 |
| Parties | STATE of Ohio, Plaintiff-Appellee v. Paul WAGGLE, Defendant-Appellant |
| Court | Ohio Court of Appeals |
TAYLOR BENNINGTON, 27 North Fifth Street, P.O. Box 189, Zanesville, OH 43701, For Plaintiff-Appellee.
JAMES A. ANZELMO, 446 Howland Drive, Gahanna, OH 43230, For Defendant-Appellant.
JUDGES: Hon. W. Scott Gwin, P.J., Hon. Patricia A. Delaney, J., Hon. Earle E. Wise, Jr., J.
{¶ 1} Defendant-Appellant Paul Waggle appeals the November 5, 2020 judgment of the Muskingum County Court of Common Pleas convicting him of two counts of felonious assault, one count of tampering with evidence, one count of kidnapping, and classifying him as a violent offender subject to in-person registration for a period of 10 years. Plaintiff-Appellee is the state of Ohio.
{¶ 2} On July 18, 2020 Appellant savagely beat and stabbed R.S. as she sat in the passenger seat of his Chevy Impala. R.S. suffered blunt-force trauma to her face and head resulting in fractures to her mandible and missing teeth as well as multiple stab wounds all over her body. Following the incident Appellant showered and then burned the clothing he had been wearing during the assault in his backyard.
{¶ 3} As a result of these events, on July 28, 2020, the Muskingum County Grand Jury returned a seven-count indictment charging Appellant with three counts of felonious assault, one count of tampering with evidence, two counts of kidnapping and one count of attempted murder.
{¶ 4} On September 28, 2020, following negotiations with the state, Appellant entered pleas of guilty to two counts of felonious assault, violations of R.C. 2903.11(A)(2), felonies of the second degree, one count of tampering with evidence, a violation of R.C. 2921.12(A)(1), a felony of the third degree, and one count of kidnapping, a violation of R.C. 2905.01(A)(3), a felony of the first degree. The state agreed to nolle the balance of the indictment. Before entering his pleas, Appellant was provided with a plea of guilty packet which included written notification of his obligation to enroll on the violent offender database. The notification included an explanation of the presumption of his ten-year duty to enroll in the database and the procedure and requirements for rebutting the presumption.
{¶ 5} Appellant appeared for sentencing on November 2, 2020. The trial court determined one count of felonious assault and kidnapping were allied offenses and the state elected to proceed to sentencing on the kidnapping. Appellant was thereafter sentenced to an aggregate prison term of 16 to 21 years with 10 years being mandatory.
{¶ 6} On November 16, 2020 an additional hearing was held to address Appellant's placement in the Violent Offender Registry Database (VOD). Both Appellant and the state agreed the matter could be handled "without voiding the sentence and starting over." Transcript of hearing (TH) at 3. Counsel for Appellant then indicated that Appellant understood the requirements of the VOD as the information was contained in his plea form packet but "[w]e were just remiss in doing the paperwork at the sentencing hearing." T.H. at 3-4. The trial court then addressed Appellant who stated he understood his duty to enroll in the VOD for a 10-year period based upon his conviction. A nunc pro tunc sentencing entry followed which addressed Appellant's duties as a violent offender and his enrollment in the VOD.
{¶ 7} Appellant timely filed an appeal and the matter is now before this court for consideration. He raises four assignments of error for our consideration as follow:
I
{¶ 8} "AS AMENDED BY THE REAGAN TOKES ACT, THE REVISED CODE'S SENTENCES FOR FIRST AND SECOND DEGREE QUALIFYING FELONIES VIOLATES THE CONSTITUTIONS OF THE UNITED STATES AND THE STATE OF OHIO."
II
{¶ 9} "THE TRIAL COURT UNLAWFULLY ORDERED WAGGLE TO SERVE CONSECUTIVE SENTENCES FOR HIS OFFENSES, IN VIOLATION OF HIS RIGHTS TO DUE PROCESS, GUARANTEED BY SECTION 10, ARTICLE I OF THE OHIO CONSTITUTION AND THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION."
III
{¶ 10} "THE TRIAL COURT ERRED BY ORDERING WAGGLE TO BE PLACED ON THE VIOLENT OFFENDER REGISTRY."
IV
{¶ 11} "PAUL WAGGLE RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL, IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND SECTION 10, ARTICLE I OF THE OHIO CONSTITUTION."
{¶ 12} Appellant's first assignment of error challenges the constitutionality of the Regan Tokes Act which codified hybrid indefinite prison terms for first and second degree felonies. Appellant challenges the presumptive release feature of the act, R.C. 2967.271, advancing several arguments including it violates his constitutional rights to trial by jury and due process of law, and further violates the constitutional requirement of separation of powers and equal protection.
{¶ 13} R.C. 2967.271 provides in relevant part:
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