State v. Haynesworth

[Cite as State v. Haynesworth, 2018-Ohio-4519.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 106671
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
RONZELL D.A. HAYNESWORTH
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case Nos. CR-16-609380-B and CR-17-613080-A
BEFORE: Jones, J., E.A. Gallagher, A.J., and E.T. Gallagher, J.
RELEASED AND JOURNALIZED: November 8, 2018
ATTORNEY FOR APPELLANT
Gregory T. Stralka
6509 Brecksville Road
P.O. Box 31776
Independence, Ohio 44131
ATTORNEYS FOR APPELLEE
Michael C. O’Malley
Cuyahoga County Prosecutor
BY: Kelly Needham
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., J.:
{¶1} Defendant-appellant, Ronzell Haynesworth (“Haynesworth”), appeals his
convictions in two cases. For the reasons that follow, we affirm.
{¶2} In Cuyahoga C.P. No. CR-16-609380-B, Haynesworth was charged with one count
of aggravated robbery with a three-year firearm specification. As part of his plea deal with the
state of Ohio, Haynesworth agreed to plead guilty to robbery with a three-year firearm
specification, make a post-plea statement with regard to the circumstances of the crime, and
testify truthfully at his codefendant’s trial.
{¶3} During his change of plea hearing, counsel for Haynesworth requested a court
psychiatric report prior to the sentencing hearing. Counsel stated that Haynesworth had a
“number of different issues” with respect to his prior military service and counsel thought it
“would be important for the court to understand that.”
{¶4} In Cuyahoga C.P. No. CR-17-613080-A, Haynesworth was charged with two counts
each of aggravated burglary, aggravated robbery, kidnapping, and improper discharge of a
firearm at or into a habitation. All counts contained one- and three-year firearm specifications.
After plea negotiations, Haynesworth pleaded guilty to one count each of aggravated burglary
and aggravated robbery with three-year firearm specifications; and two counts of kidnapping and
one count of improper discharge of a firearm at or into a habitation with no firearm
specifications.
{¶5} A subsequent sentencing hearing was held and Haynesworth was sentenced on both
cases. The trial court considered the court psychiatric clinic’s report and sentenced
Haynesworth to a total of 11 years in prison.
{¶6} Haynesworth filed a notice of appeal and raises two assignments of error for our
review. Further facts will be discussed under the assignments of error.
I. The trial court erred when it accepted appellant’s guilty plea without first
determining the extent of his psychiatric disorder and the effect it had on his
ability to understand the consequences of his plea.
II. Appellant was denied his right to effective assistance of counsel by the failure
to request an expert evaluation concerning the competency of appellant prior to
entering his guilty plea.
{¶7} In the first assignment of error, Haynesworth argues that the trial court erred when it
accepted his guilty plea without first determining the extent of his psychiatric disorder and what
affect that disorder had on Haynesworth’s ability to understand the consequences of his plea.
{¶8} “When a defendant enters a plea in a criminal case, the plea must be made
knowingly, intelligently, and voluntarily. Failure on any of those points renders enforcement of
the plea unconstitutional under both the United States Constitution and the Ohio Constitution.”
State v. Engle, 74 Ohio St. 3d 525, 527, 660 N.E.2d 450 (1996). Crim.R. 11(C)(2) governs the
acceptance of guilty pleas in felony cases. It provides:
(2) In felony cases the court may refuse to accept a plea of guilty or a plea of no
contest, and shall not accept a plea of guilty or no contest without first addressing
the defendant personally and doing all of the following:
(a) Determining that the defendant is making the plea voluntarily, with
understanding of the nature of the charges and of the maximum penalty involved,
and, if applicable, that the defendant is not eligible for probation or for the
imposition of community control sanctions at the sentencing hearing.
(b) Informing the defendant of and determining that the defendant understands the
effect of the plea of guilty or no contest, and that the court, upon acceptance of the
plea, may proceed with judgment and sentence.
(c) Informing the defendant and determining that the defendant understands that
by the plea the defendant is waiving the rights to jury trial, to confront witnesses
against him or her, to have compulsory process for obtaining witnesses in the
defendant’s favor, and to require the state to prove the defendant’s guilt beyond a
reasonable doubt at a trial at which the defendant cannot be compelled to testify
against himself or herself.
{¶9} The underlying purpose of Crim.R. 11(C) is to convey information to the defendant
so that the defendant can make a voluntary and intelligent decision regarding whether to plead
guilty. State v. Ballard, 66 Ohio St. 2d 473, 479-480, 423 N.E.2d 115 (1981). To determine
whether the trial court has satisfied its duties under Crim.R. 11(C)(2), reviewing courts
distinguish between constitutional rights and nonconstitutional rights. State v. Veney, 120 Ohio
St.3d. 176, 2008-Ohio-5200, 897 N.E.2d 621, ¶ 14-21. The trial court must strictly comply
with the requirements of Crim.R. 11(C)(2)(c) relating to the waiver of constitutional rights. Id.
at ¶ 18. “Substantial compliance” is sufficient for the nonconstitutional aspects of Crim.R.
11(C)(2). Id. at ¶ 14; State v. Nero, 56 Ohio St. 3d 106, 108, 564 N.E.2d 474 (1990), syllabus.
“Substantial compliance” means that under the totality of the circumstances the defendant
subjectively understands the implications of his or her plea and the rights he or she is waiving.
Nero at id. Even if a trial court makes an error in attempting to comply with Crim.R.
11(C)(2)(a), there is still substantial compliance if it appears from the record that the defendant
appreciated the effect of his or her plea and his or her waiver of rights. State v. Thomas, 8th
Dist. Cuyahoga No. 94788, 2011-Ohio-214, ¶ 13, citing State v. Caplinger, 105 Ohio App. 3d
567, 572, 664 N.E.2d 959 (4th Dist.1995). Additionally, even if the trial court does not
substantially comply, a defendant must generally show prejudice before a plea will be vacated for
an error involving Crim.R. 11(C)(2) when nonconstitutional aspects of the colloquy are at issue.
Veney at ¶ 17. To demonstrate prejudice in this context, the defendant must show that the plea
would not have otherwise been entered. Id. at ¶ 15.
{¶10} Haynesworth has not alleged a specific violation of Crim.R. 11(C)(2). Instead,
Haynesworth contends that given the statements he made regarding his mental health during the
plea colloquy, the trial court could not properly conclude that his plea was knowingly,
intelligently, and voluntarily made without first ordering a mental health evaluation to ensure that
he had the mental capacity to enter a plea.
{¶11} This court has held that the mere fact that a defendant suffered from a mental
illness or was taking psychotropic medication under medical supervision when the defendant
entered a guilty plea is not an indication that the plea was not knowing and voluntary, that the
defendant lacked mental capacity to enter a plea, or that the trial court otherwise erred in
accepting the defendant’s guilty plea. State v. McClendon, 8th Dist. Cuyahoga No. 103202,
2016-Ohio-2630, ¶ 16; see also State v. Ketterer, 111 Ohio St. 3d 70, 2006-Ohio-5283, 855
N.E.2d 48, ¶ 71 (“The fact that a defendant is taking * * * prescribed psychotropic drugs does
not negate his competence to stand trial.”).
{¶12} A trial court “is not required to order an evaluation of a defendant’s mental health
every time the issue is raised.” McClendon at ¶ 17, citing State v. Bowen, 8th Dist. Cuyahoga
Nos. 70054 and 70055, 1996 Ohio App. LEXIS 5612 (Dec. 12, 1996). This court has held that
a person who suffers from mental illness or takes psychotropic drugs may be able to understand
the charges against him or her and assist in his or her defense. McClendon at id., citing State v.
Robinson, 8th Dist. Cuyahoga No. 89136, 2007-Ohio-6831; see also State v. Bock, 28 Ohio St. 3d
108, 502 N.E.2d 1016 (1986) (A defendant may be emotionally disturbed or even psychotic and
still be capable of understanding the charges against him or her and be able to assist counsel.).
{¶13} A defendant is presumed competent to stand trial unless it is established that the
defendant is unable to understand the nature and objective of the proceedings or cannot assist in
his or her own defense. R.C. 2945.37(G); Robinson at ¶ 20, citing State v. Swift, 86 Ohio
App.3d 407, 411, 621 N.E.2d 513 (11th Dist.1993). “Therefore, a defendant’s * * * mental
instability does not establish incompetence for the purpose of negating a plea, which was
otherwise voluntarily, knowingly, and intelligently made.” McClendon at ¶ id., citing State v.
Prettyman, 8th Dist. Cuyahoga No. 79291, 2002-Ohio-1096.
{¶14} In this case, Haynesworth argues that once he told the court he was not taking his
mental health medications, the trial court was obligated to make an additional inquiry to
determine his mental state and his ability to understand his change of plea. During the plea
colloquy in Case No. CR-16-609380-B, the following exchange occurred between the court and
Haynesworth:
Court: Do you have any physical or mental illnesses?
Defendant: Yes, Your Honor.
Court: What?
Defendant: I suffer from PTSD and social anxiety.
Court: When you are not in jail, are you prescribed medications for those mental
illnesses?
Defendant: Yes, Your Honor. * * * The medications I have are gabapentin, I
also am prescribed Paxil, Lyrica, and the third one I’m not sure of the name, but
[there] is a third one.
Court: Did you have those prescriptions, and were they in effect as of around the
time you were jailed?
Defendant: I did have the prescriptions. I — they were not in effect because I
was [incarcerated] at the jail.
Court: Well, let me ask you this. What date were you arrested? August 29 or so?
Defendant: September 22nd.
Court: Around mid-September were you generally taking your medications or
not before you were arrested?
Defendant: Before I was arrested, some of them, yes.
Court: But some of them not?
Defendant: Yes.
Court: Now, since you’ve been in jail, have you been receiving any of your
mental health medications through the sheriff’s infirmary?
Defendant: My first month here I did receive Paxil for 30 days — for 25 days. I
stopped five days prior to its renewal.
Court: You stopped or they stopped it without your —
Defendant: Well, I declined to take it for two days, and they made me sign a
waiver for it if I wanted to start it back up. I would have to ask the nurse.
Court: But that was the Paxil only. Are you taking * * * everything else?
Defendant: No, I’m not.
Court: So, just to be clear then, in jail currently you are not
taking any of your mental health medications?
Defendant: Not currently, Your Honor.
Court: Now, anything about the fact that you’re not taking those medications that
interferes with your ability to think clearly here today?
Defendant: No, Your Honor.
Court: Do you believe you’re thinking clearly here today?
Defendant: Yes, Your Honor.
Court: And if during this hearing I say something that you don’t understand will
you be certain to tell me that and ask me to either repeat it, explain it, or otherwise
clarify it for you?
Defendant: Yes, Your Honor.
{¶15} The trial court then went through the rights that Haynesworth was giving up by
pleading guilty. The court asked if Haynesworth understood each right and Haynesworth
answered “Yes, Your Honor.” The trial court outlined the possible sentences and asked if he
understood. Haynesworth answered, “Yes, Your Honor. I understand.”
{¶16} After the plea colloquy, the state questioned Haynesworth about the robbery and
Haynesworth set forth the facts of the robbery he committed, as he had said he would do as part
of his plea agreement with the state. He also subsequently testified at his codefendant’s trial.
{¶17} Thus, based on this record, the trial court did further inquire as to Haynesworth’s
mental health status and if the fact that he was not taking his prescribed medication had any
effect on his state of mind or ability to comprehend the proceedings.
{¶18} During the plea hearing for Case No. CR-17-613080-A, the court again inquired
whether Haynesworth had any “physical or mental impairment.” Haynesworth stated he had a
physical impairment:
Defendant: I have mental stints in my neck from receiving a broken neck. I
broke my neck three times, your Honor.
Court: Are you required to take any medication for that?
Defendant: Yes.
Court: Have you been taking it in jail?
Defendant: They do not offer it here in the county facility, your Honor.
Court: What are you supposed to take?
Defendant: I’m supposed to take Percocet.
Court: So pain killers?
Defendant: Pain killers, yes, Your Honor.
Court: Is there anything about not having that medication for the stints in your
neck that interferes with your ability to think clearly here today?
Defendant: No, Your Honor.
Court: Do you believe you’re thinking clearly here today?
Defendant: Yes, Your Honor.
{¶19} Notably, Haynesworth did not mention any mental health issues during this plea
hearing.
{¶20} At Haynesworth’s first plea hearing, he acknowledged that he was taking only
some of his medications before his arrest. He took Paxil for the first few weeks he was in jail,
but voluntarily stopped taking the medication. Haynesworth told the court that his not taking
that medication did not interfere with his ability to think clearly at the time of the plea and that he
was, in fact, thinking clearly at that time.
{¶21} During the second plea hearing, Haynesworth did not mention any mental
conditions; instead he told the court that he was prescribed Percocet related to neck pain, but was
not currently taking the medicine. Haynesworth does not allege that his inability to procure
Percocet while in jail interfered with his ability to think clearly; he stated he was thinking clearly
at the time of his second plea.
{¶22} In both cases, the record indicates that Haynesworth understood the nature and
consequences of his plea. No evidence has been presented establishing that Haynesworth was
unable to understand the nature and objective of the proceedings or could not assist in his
defense. In fact, one could conclude that Haynesworth assisted in his defense by placing a
statement on the record against his codefendant as part of his plea in case number
CR-16-609380-B.
{¶23} The record demonstrates that the court complied with Crim.R.11(C).
Haynesworth has failed to show that his mental condition or the medications he was not taking at
the time of his pleas affected his judgment or ability to understand his plea or the proceedings.
Moreover, there is nothing in the transcript that indicates that Haynesworth did not understand
the implications of his pleas and the rights he was waiving by pleading guilty.
{¶24} Accordingly, the first assignment of error is overruled.
{¶25} Under his second assignment of error, Haynesworth claims that he was denied
effective assistance of counsel. In order to substantiate a claim of ineffective assistance of
counsel, Haynesworth must show “(1) deficient performance by counsel, i.e., performance falling
below an objective standard of reasonable representation, and (2) prejudice, i.e., a reasonable
probability that but for counsel’s errors, the proceeding’s result would have been different.”
State v. Perez, 124 Ohio St. 3d 122, 2009-Ohio-6179, 920 N.E.2d 104, ¶ 200, citing Strickland v.
Washington, 466 U.S. 668, 687-688, 694, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); State v.
Bradley, 42 Ohio St. 3d 136, 538 N.E.2d 373 (1989), paragraphs two and three of the syllabus.
The defendant has the burden of proving his counsel rendered ineffective assistance. Perez at ¶
223.
{¶26} Haynesworth asserts that his trial counsel’s failure to request a competency
evaluation prior to his entering his guilty pleas prejudiced him. We find, however, that there is
nothing in the record to show that this prejudiced Haynesworth. There was no indication that
Haynesworth was not competent; counsel indicated that he wanted Haynesworth evaluated by the
court psychiatric clinic prior to sentencing so the court could understand Haynesworth’s issues
with respect to his previous overseas military service.
{¶27} Haynesworth has not shown that his trial counsel was ineffective for failing to
request a competency evaluation prior to his plea, and there is nothing in the record to indicate
that the results would have been different had this been done.
{¶28} The second assignment of error is overruled.
{¶29} Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas
court to carry this judgment into execution. The defendant’s convictions having been affirmed,
any bail pending appeal is terminated. Case remanded to the trial court for execution of
sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the
Rules of Appellate Procedure.
LARRY A. JONES, SR., JUDGE
EILEEN A. GALLAGHER, A.J., and
EILEEN T. GALLAGHER, J., CONCUR