2021 Ohio 39
Ohio Ct. App.2021Background
- Buggs was arrested after municipal charges and bound over to Scioto County on multiple felony counts, including aggravated burglary and having weapons while under disability.
- In March 2020 Buggs moved for discharge on speedy-trial grounds; the court set briefing and a hearing but addressed the motion at a March 20 hearing.
- At the March 20 hearing the trial court overruled the speedy-trial motion, and the court, defense counsel, and Buggs proceeded with a plea colloquy.
- The court and defense counsel indicated (incorrectly) that a guilty plea would preserve Buggs’s right to appeal the court’s speedy-trial ruling; Buggs said he would plead because he could still appeal and receive an 18-month sentence with credit.
- Buggs pleaded guilty to one count of having weapons while under disability, received an agreed 18-month sentence, and the judgment entry stated he reserved the right to appeal the speedy-trial ruling.
- On appeal Buggs argued his plea was not knowing, intelligent, and voluntary because it was induced by the court’s incorrect assurance about appeal rights; the Fourth District reversed and remanded to allow withdrawal of the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Buggs’s guilty plea was knowing, intelligent, and voluntary given the court’s statements about appellate rights | State: plea was valid (characterized as an Alford plea preserving limited appellate review) | Buggs: plea induced by incorrect assurance that a guilty plea would preserve appeal of speedy-trial ruling, so plea was not knowing/intelligent | Court: Plea was not knowing/intelligent because a guilty plea forfeits speedy-trial appeal; reversal and remand to allow withdrawal |
Key Cases Cited
- State v. Veney, 120 Ohio St.3d 176 (plea must be knowing, intelligent, and voluntary)
- State v. Engle, 74 Ohio St.3d 525 (plea invalid where parties mistakenly believed non-pretrial rulings were appealable)
- North Carolina v. Alford, 400 U.S. 25 (permitting guilty plea despite protestation of innocence)
- State v. Luna, 2 Ohio St.3d 57 (no-contest plea does not waive appeal of pretrial motions)
- State v. Shifflet, 44 N.E.3d 966 (discussing Alford plea context and preservation of rights)