Warren man has appeal in burglary case denied
The Ohio 11th District Court of Appeals on Monday affirmed the second-degree burglary conviction and two to three-year prison term assigned to Raymond Warfield.
In a decision written by Judge Rober J. Patton and joined by colleagues Judges Mary Jane Trapp and Eugene A. Lucci, the panel found Warfield’s appeal to be “wholly frivolous.”
When was Raymond Warfield indicted?
Warfield, 24, of Kenmore Avenue NE, Warren, was indicted on the one burglary count on Oct. 19, 2021, and had filed a motion for a competency evaluation and a plea of not guilty because of insanity early in 2022. After a forensic examination conducted at the Forensic Psychiatric Center of Northeast Ohio, the trial court found that Warfield was competent to stand trial.
During a discussion in advance of a change of plea hearing on Sept. 19, 2022, Warfield informed the court he was diagnosed as schizophrenic and had not received his last monthly medication shot. Warfield, however, confirmed he understood what his council was telling him and the questions about his rights that the trial court had been asking. Warfield responded that he still wished to proceed with the plea.
The court transcript indicated that on several occasions, Warfield conferred with counsel before responding to the judge’s inquires. Still, Warfield confirmed his understanding and entered his guilty plea to burglary.
The crime took place July 21, 2021, when Warfield entered a Warren home when the owner was present. At the time Warfield was apprehended, he was found to have the owner’s passport and other belongings.
Warfield was sentenced to an indefinite prison term of two to three years on Nov. 7, 2022.
What was Raymond Warfield’s appeal?
In his appeal, Warfield’s counsel noted two proposed assignments of error:
1. The trial court erred by accepting the guilty plea when that plea was not entered knowingly, intelligently, and voluntarily due to Warfield’s mental state at the time of his plea.
2. Warfield’s indefinite prison sentence is unconstitutional because it violates the separation of powers doctrine and the Equal Protection Clause of the U.S. and Ohio constitutions.
Warfield’s counsel also filed a brief asserting there were no non-frivolous issues for review and moved to withdraw from the case.
Because Warfield did not file his own submission after his counsel’s withdrawal, the court proceeded to conduct an independent review of the case on the merits.
Patton wrote the panel did not find any meritorious issues for review in relation to Warfield’s competence to enter his guilty plea. He also wrote that Warfield did not raise this constitution challenge in the arena of first opportunity. That means in a criminal prosecution, it is in the trial court. Thus, the three appellate judges stated the second proposed assignment of error is also without merit.
Warfield will continue to serve his sentence at Noble Correctional Institution.
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This story was originally published August 29, 2023 at 9:07 AM.