Full title: STATE OF OHIO Plaintiff-Appellee v. AL MUTAHAN MCLEAN Defendant-Appellant
Court: Court of Appeals of Ohio, Second District, Montgomery
Case no: 29268
Date published: Aug 12, 2022
Fact:
Al Mutahan McLean appeals from his convictions on his guilty pleas to three counts of endangering children, one count of rape, one count of murder, and one count of kidnapping. Because the trial court failed to comply with the notification requirements in R.C. 2929.19(B)(2)(c) in imposing sentence, McLean’s sentence is contrary to law. The trial court also failed to comply with the Reagan Tokes Act in calculating McLean’s sentence. We affirm in part and reverse in part, and we remand the matter to the trial court solely for purposes of resentencing.
{¶ 2} On December 23, 2019, McLean was indicted as follows: Count 1, endangering children (parent-serious harm), in violation of R.C. 2919.22(A), a felony of the third degree; Count 2, endangering children (serious physical harm), in violation of R.C. 2919.22(B)(1), a felony of the second degree; Count 3, endangering children (torture-serious harm), in violation of R.C. 2919.22(B)(2), a felony of the second degree; Count 4, endangering children (corporal punishment), in violation of R.C. 2919.22(B)(3); Counts 5 and 6, felonious assault (serious harm), in violation of R.C. 2903.11(A)(1), felonies of the second degree; and Count 7, rape (child under 13) (by force or serious physical harm), in violation of R.C. 2907.02(A)(1)(b), an unclassified offense. McLean pled not guilty on January 2, 2020.
{¶ 3} On March 5, 2020, the court found McLean competent to stand trial after the parties stipulated to a psychiatric report submitted by the Forensic Psychiatry Center for Western Ohio.
Issue:
Decision:
The court ruled that a plea is not aligned with due process if the court fails to explain the constitutional rights waived by the defendant. However, the court must substantially comply with notification of non-constitutional rights in Crim.R. 11(C)(2)(a) and (b), and prejudice must be demonstrated to vacate a plea. The court agreed that McLean’s pleas were knowingly, intelligently, and voluntarily entered, and his third assignment of error is overruled. The trial court’s judgment is affirmed in part and reversed in part, and the matter is remanded solely for purposes of resentencing. The court is instructed to provide indefinite sentencing notifications and resentence McLean to properly include both the aggregate minimum term and the calculated maximum term in its judgment entry of conviction.