State v. Finch
2011 Ohio 4273
Ohio Ct. App.2011Background
- Appellant Richard Finch pleaded guilty to multiple sex-offense counts after indictment charging numerous acts with teenage males beginning 2009–2010.
- The court dismissed several counts and accepted guilty pleas to seven counts of Sexual Imposition, three counts of Importuning, and one count of Unlawful Sexual Conduct with a Minor.
- Sentencing occurred in December 2010, resulting in a seven-year prison term.
- Appellant argues the trial court violated Crim.R. 11 and Crim.R. 32 by failing to notify him of the right to appeal, affecting whether his plea was knowing, intelligent, and voluntary.
- The trial court did not inform Finch of his right to appeal under Crim.R. 32(B)(2) and (3), but Finch appealed and was represented by counsel; the issue is whether this omission requires reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of Crim.R. 11(C)(2) compliance nullifies the plea | Finch maintains plea invalid due to failure to inform of rights | State contends only Crim.R. 11 enumerated rights require strict compliance | No reversible error; substantial compliance governs non-enumerated rights |
Key Cases Cited
- State v. Veney, 120 Ohio St.3d 176, 897 N.E.2d 621 (Ohio Supreme Court, 2008) (strict vs. substantial compliance; enumerated rights strictly; others substantially)
- In re Winship, 397 U.S. 358 (U.S. Supreme Court, 1970) (requirement of knowing and voluntary pleas; standard for validity)
- Boykin v. Alabama, 395 U.S. 238 (U.S. Supreme Court, 1969) (protects against non-voluntary guilty pleas)
- State v. Ballard, 66 Ohio St.2d 473, 423 N.E.2d 115 (Ohio Supreme Court, 1981) (foundational plea voluntariness standard)
- State v. Nero, 56 Ohio St.3d 106, 564 N.E.2d 474 (Ohio Supreme Court, 1990) (prejudice requirement for knowing, intelligent, voluntary pleas)
- State v. Whetstone, Licking App. No. 2010 CA 00132, 2010-Ohio-1957 (Ohio App. 5th Dist., 2010) (lack of appellate-right notification did not require reversal where appeal filed)
- State v. Middleton, Preble App. No. CA2004-01-003, 2005-Ohio-681 (Ohio App. 4th Dist., 2005) (prejudice inquiry for Crim.R. 32 notification)
- State v. Atkinson, 2006-Ohio-5806 (9th Dist., 2006) (Crim.R. 11/32 application prior to sentencing)
- State v. Whetstone, 2010-Ohio-1957 (Ohio App. 5th Dist., 2010) (precedent on appellate rights notification)