State v. Cutlip
2012 Ohio 5790
Ohio Ct. App.2012Background
- Defendant-appellant Lewis Cutlip pled guilty to one count of unlawful sexual conduct with a minor in a four-count indictment; dismissal of Counts I, III, IV followed the plea.
- Court sentenced Cutlip to 18 months in prison with mandatory five-year post-release control and designated him as a Tier II sex offender.
- Trial court informed about some rights under Crim.R. 11(C)(2)(c) but not necessarily with the exact language of the rule.
- Defendant challenges (1) the adequacy of the Crim.R. 11 advisement of rights, and (2) the post-release control consequences not fully explained at sentencing.
- Appellate court discusses whether the pleas and advisements complied with Crim.R. 11 and whether any post-release control information was properly conveyed and remands for post-release control sentencing procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Cutlip’s Crim.R. 11(C)(2)(c) advisement adequate? | Cutlip argues the court failed to follow Crim.R. 11(C)(2)(c) precisely. | Cutlip contends the advisement did not properly inform him of rights before pleading. | Yes; the court followed Crim.R. 11(C)(2)(c) sufficiently by addressing rights and form signing (no reversal). |
| Was the post-release control consequence information adequately conveyed at sentencing? | State asserts any technical omission was harmless. | Cutlip was not informed of potential parole-board penalties for violation. | Remand for proper post-release control notice and proceedings; sustained for post-release issue; otherwise affirmed. |
Key Cases Cited
- State v. Anderson, 108 Ohio App.3d 5 (9th Dist.1995) (informs rights; adequate Crim.R.11 dialogue suffices)
- State v. Nero, 56 Ohio St.3d 106 (1990) (record must demonstrate understanding of rights; proper advisement or review)
- State v. Thomas, 116 Ohio App.3d 530 (2d Dist.1996) (substantial compliance acceptable when rights explained reasonably)
- State v. Ballard, 66 Ohio St.2d 473 (1981) (Crim.R.11 rights need not be stated verbatim if rights explained)
