2014 Ohio 3712
Ohio Ct. App.2014Background
- Defendant Tyrone Mayfield was charged with assault and menacing under Cleveland Codified Ordinances.
- A September 16, 2013 change-of-plea hearing occurred in which Mayfield allegedly entered a no contest plea to amended charge of attempted assault.
- The trial court sentenced Mayfield to 90 days in jail (part suspended), 3 years probation, and a $750 fine with no-contact provision.
- Mayfield appealed asserting the plea was void for not actually entering a plea and that the court failed to inform him of the plea’s effect.
- He also argued the court abused its discretion by denying a presentence motion to withdraw his plea before sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Mayfield’s conviction void for not entering a valid no contest plea? | City contends Mayfield entered a no contest plea but was not advised of its effect. | Mayfield maintains he did not affirmatively enter a no contest plea or was not properly advised. | Yes; plea invalid and must be vacated. |
| Was the presentence motion to withdraw the plea improperly denied without a hearing? | City argues Mayfield abandoned the motion and is not entitled to withdraw. | Mayfield was pre-sentencing and entitled to a hearing to show a valid basis to withdraw. | Yes; trial court abused its discretion, but moot since plea invalid. |
Key Cases Cited
- State v. Watkins, 99 Ohio St.3d 12 (Ohio 2003) (rejoinder on plea advisement for petty offenses; trial court must advise of plea effect)
- State v. Jones, 116 Ohio St.3d 211 (Ohio 2007) (Crim.R. 11(E) and 11(B)(2) plea advisement requirements)
- Cleveland v. Brown, 8th Dist. Cuyahoga No. 97878 (Ohio 2012) (requirement to inform defendant of effect of no contest plea under Crim.R. 11(B)(2))
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (pre-sentence withdrawal of codefendant plea standards)
- Solon v. Bollin-Booth, 8th Dist. Cuyahoga No. 97099 (Ohio 2012) (discussed in Crim.R. 11 context on plea advisement)