State v. Ulrey

In State v. Ulrey (April 30, 1998), Cuyahoga App. No. 71705, 1998 Ohio App, the record affirmatively demonstrated that the defendant, defense counsel, the prosecutor and the trial court all mistakenly believed that the imposition of sentence as a result of the plea bargain would be governed by the sentencing law in effect before the 1996 revision to Ohio's felony sentencing law when, in fact, it was governed by the post-1996 law, which was more favorable to the defendant. The record in Ulrey affirmatively demonstrated that all of the actors were unaware that there was any question which sentencing law should be applied -- they all thought that the pre-revision sentencing law, less favorable to the defendant, would be applied to his sentence, and that there was no issue of law to compromise.