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Guilty pleas vacated for man accused of trying to kill his wife
ANNIE YAMSON
Special to the Legal News
Published: April 11, 2016
An attempted murder case was sent back to square one this week when a panel of three judges in the 11th District Court of Appeals vacated guilty pleas entered by Lawrence Bozek.
Bozek appealed from the judgment of the Portage County Court of Common Pleas denying his petition for postconviction relief.
“At issue is whether appellant’s conviction is void and, if so, what is the proper remedy?” Judge Cynthia Westcott Rice wrote in the opinion she authored on behalf of the court of appeals. “For the reasons that follow, we reverse and remand.”
Case summary states that, on May 4, 2010, Bozek held his wife captive in their home and fired multiple shots from a semi-automatic pistol.
Court documents state that Bozek shot her while she was attempting to call 911 and, in the process, shot off the tips of two of her fingers.
For hours, Bozek held his wife in the home and terrorized her. At one point, he left her in a bedroom but soon returned and shot her several more times.
When the wife tried to leave the house, Bozek shot her in the head and leg.
Nine days later, a two-count indictment charged Bozek with two first-degree felony attempted murders, one by purposely attempting to cause his wife’s death and the other by attempting to cause the wife’s death as a result of committing or attempting to commit felonious assault.
Both counts contained firearm specifications.
The following month, a supplemental indictment added five more counts: two additional counts of attempted murder with firearm specifications, two counts of felonious assault with a deadly weapon and one count of kidnapping with a firearm specification.
Bozek pleaded not guilty by reason of insanity but a psychiatric evaluation found that he was sane when he committed his crimes and competent to stand trial.
Without a plea bargain, Bozek faced a maximum prison term of 87 years.
He ultimately entered into an agreement with the state and pled guilty to the first two counts of the indictment, purposeful attempted murder and attempted felony murder, along with the attendant firearm specifications. He was sentenced to a total of 20 years in prison.
No appeal followed. Instead, Bozek filed a petition for postconviction relief eight months after his sentencing.
According to Bozek, his trial attorney was ineffective for failing to advise him of his eligibility for judicial release.
Then, 16 months after his conviction, Bozek filed a motion for delayed appeal. That motion was denied and Bozek withdrew his first petition for postconviction relief before filing a second one in January of last year.
In the second petition, Bozek lobbied for resentencing. The trial court’s denial of that petition became the subject of Bozek’s most recent appeal in the 11th District court.
Citing the Ohio Supreme Court in 2014’s State v. Nolan, Bozek argued that his conviction on attempted felony murder in the second count of his indictment was void and he asked the court of appeals to set aside that part of his sentence and set the matter for resentencing only on the first count, purposeful attempted murder.
In State v. Nolan, the high court held that attempted felony murder is not a cognizable crime in Ohio.
The 11th District court agreed that Bozek’s guilty plea to the attempted murder in the second count of his indictment was void.
“However, while we hold that appellant’s conviction is void, he is not entitled to the relief he seeks,” Rice wrote. “Appellant asks that we find only his plea to attempted felony murder is void and that we remand for resentencing only on his plea to attempted purposeful murder.”
But, in keeping with precedent set by the 2nd District Court of Appeals in 1978, the reviewing court held that, when a plea is vacated, the reversal applies to all portions of a plea bargain.
“Thus, despite appellant’s request that we only find his plea to attempted felony murder is void, appellant’s guilty plea is void in its entirety and vacated as to all parts,” Rice wrote.
On remand, the state and Bozek will be in the same position as if no plea agreement or sentence had ever been reached and all counts of the original indictment, including the supplemental charges, will be reinstated.
Judges Timothy Cannon and Thomas Wright joined Rice to form the majority.
The case is cited State v. Bozek, 2016-Ohio-1305.
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