2019 Ohio 414
Ohio Ct. App.2019Background
- Aug. 10, 2017: Grand jury indicted Shamar M. Antoine on multiple felonies; he initially pleaded not guilty and later negotiated a plea.
- Oct. 30, 2017: Antoine pleaded guilty to burglary and grand theft; remaining counts were nolled.
- The written plea form expressly stated Antoine was waiving his right to a jury trial; at the oral plea colloquy the judge said only that Antoine was waiving his “right to trial.”
- The trial court did not inform Antoine orally of his right to appeal or of appointment of appellate counsel; Antoine therefore did not file a direct appeal but later obtained leave for a delayed appeal.
- Antoine challenged the plea on the ground the court failed to orally inform him of the right to a jury trial and the right to appellate counsel, alleging violations of his federal and state constitutional rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with Crim.R. 11(C)(2)(c) by orally advising of waiver of the right to a jury trial | Court must strictly and orally inform defendant that pleading guilty waives the right to a jury trial; failure is plain error | The written plea form correctly informed Antoine of the jury-trial waiver and the colloquy meaningfully informed him despite not using the word "jury" | Reversed: oral admonition must meaningfully inform defendant of jury-trial right; relying solely on a written plea is insufficient in light of controlling precedent (trial court’s wording was defective) |
| Whether the trial court erred by failing to inform defendant of right to appeal and appointment of appellate counsel | Defendant argues he was entitled to oral notice of right to appeal and appointment of appellate counsel | State contends error if any was harmless or cured by later granting of delayed appeal; no constitutional right to appointed appellate counsel in this context | Partially: Court agrees failure to advise of right to appeal was error but notes the error was cured when delayed appeal was granted; no constitutional right to appointed appellate counsel under these facts |
Key Cases Cited
- State v. Veney, 120 Ohio St.3d 176 (2008) (trial court must strictly comply with Crim.R. 11(C)(2)(c) and orally inform defendant of constitutional rights waived by a guilty plea)
- State v. Barker, 129 Ohio St.3d 472 (2011) (ambiguities in oral plea colloquy may be clarified by other portions of the record, including a written plea)