State v. Fantauzzi
2012 Ohio 1136
Ohio Ct. App.2012Background
- Fantauzzi was arrested June 1, 2011 for criminal mischief and indicted June 28, 2011 for receiving stolen property (a motor vehicle).
- On July 11, 2011 Fantauzzi entered a written negotiated plea to receiving stolen property and the State agreed to local incarceration with a sentence recommendation.
- Plea colloquy and written plea agreement informed Fantauzzi about potential post-release control; sentencing was scheduled for Sept. 6, 2011.
- At sentencing on Sept. 6, 2011 the court imposed three years of community control and 98 days in jail with credit for time served; total local incarceration.
- On Sept. 21, 2011, the court terminated Fantauzzi’s community control after he moved out of state.
- Fantauzzi appeals a single assignment of error alleging the plea was not knowingly, intelligently, and voluntarily made due to alleged Crim. R. 11(C)(2)(a) noncompliance regarding post-release control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crim. R. 11(C)(2)(a) was satisfied regarding post-release control notice. | Fantauzzi argues he was not informed about post-release control in all circumstances. | Fantauzzi contends the court substantially complied and he was aware of post-release control. | The assignment is overruled; there was substantial compliance and no prejudice. |
Key Cases Cited
- State v. Nero, 56 Ohio St.3d 106 (1990) (nonconstitutional-issues standard; lack of prejudice invalidates only if plea would differ)
- State v. Griggs, 103 Ohio St.3d 85 (2004) (nonconstitutional plea issues reviewed for substantial compliance)
- State v. Sarkozy, 117 Ohio St.3d 86 (2008) (mandatory vs. nonmandatory post-release control; informs duty to advise)
- State v. Boswell, 121 Ohio St.3d 575 (2009) (post-release control notification requirements)