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2013 Ohio 3838
Ohio Ct. App.
2013
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Background

  • Appellant Barnett pled no contest to trafficking heroin under R.C. 2925.03(A)(2)&(C)(6)(e) in Scioto County, with remaining counts dismissed.
  • January 17, 2012, Scioto County Grand Jury returned a nine-count indictment charging trafficking and other offenses.
  • At a November 5, 2012 hearing, the trial court ensured Barnett understood rights and consequences of a plea, then accepted the no contest plea and found him guilty.
  • At sentencing, the court informed Barnett it would impose a ten-year prison term.
  • Barnett argued the record lacked evidence showing (1) a juvenile in the vicinity and (2) the trafficking occurred in Scioto County.
  • The court ultimately affirmed the conviction on appeal; a later entry clarified the finality of the judgment after an appellate stay and dismissal timing.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the plea violate Crim.R. 11 by lacking evidentiary basis? Barnett argues no evidence showed a juvenile nearby or Scioto County venue. Barnett contends Crim.R. 11(B)(2) does not save the plea due to missing factual basis. No merit; Crim.R. 11(B)(2) cures the deficiency; venue/factually admitted by no contest.
Was there error in the indictment's venue/juvenile proximity elements? State argues the no contest admission encompassed Scioto County and vicinity of a juvenile. Barnett contends lack of evidence precludes conviction for those elements. No error; admission under no contest covers the alleged facts in the indictment.
Did Crim.R. 11(F) require the record to recite the underlying agreement verbatim? State contends the record sufficiently conveyed the agreement. Barnett asserts failure to state the underlying agreement on the record. Substantial compliance; any deficiency is harmless error.

Key Cases Cited

  • Cohen v. State, 60 Ohio App.2d 182 (1st Dist. 1978) (Crim.R. 11(B)(2) can supply missing facts for a no contest plea)
  • State v. Hicks, 2012-Ohio-3831 (4th Dist.) (invited error doctrine; negotiated plea issues)
  • State v. Rizer, 2011-Ohio-5702 (4th Dist.) (invited error doctrine; negotiated plea issues)
  • State v. Marcum, 2013-Ohio-2189 (4th Dist. Hocking) (appeal on suppression issues; plea terms)
  • State v. Robinson, 2008-Ohio-3972 (8th Dist. Cuyahoga) (plea negotiations; error preservation)
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Case Details

Case Name: State v. Barnett
Court Name: Ohio Court of Appeals
Date Published: Aug 27, 2013
Citations: 2013 Ohio 3838; 12CA3527
Docket Number: 12CA3527
Court Abbreviation: Ohio Ct. App.
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