2013 Ohio 2119
Ohio Ct. App.2013Background
- Goode pled guilty to one count of having a weapon while under disability; the state dismissed the other count.
- The trial court sentenced Goode to community control sanctions for up to five years.
- Goode had filed a motion to suppress; the matter proceeded to plea negotiations before resolution.
- An Anders brief was filed by appointed counsel; Goode did not file a pro se brief after notice.
- The court conducted a thorough Crim. R. 11 Colloquy, finding the plea knowing and voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea involuntary? | Plea was knowing and voluntary per Crim.R.11. | Goode was surprised and reluctant at first about the plea. | Plea was voluntary. |
| Was the indictment properly amended during the plea hearing? | Crim.R. 7 permits amendment of defects; deletion did not alter the crime. | Amendment could have affected charges or identity of the offense. | Amendment valid; no change in crime identity. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (appointed counsel duty to file meritorious issues on appeal)