State v. Green
2012 Ohio 1941
Ohio Ct. App.2012Background
- Green was charged with multiple counts including rape, sexual battery, gross sexual imposition, kidnapping, and SVP specifications; all but one count/ specification were potential charges.
- On Feb. 28, 2011, the trial court reviewed charges, penalties, and a plea offer to inform defendant of consequences.
- Defendant was advised of substantial penalties, including possible life tail if SVP specifications applied; implied risk of long-term incarceration.
- State offered a guilty plea to one count of sexual battery, with all other counts and specifications dismissed, reducing exposure to a probationable offense with tier 3 registration.
- Green initially elected trial, later pled guilty to one count of sexual battery in April 2011; sentencing imposed a four-year term after post-plea proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court participate in the plea bargain conduct to the defendant's detriment? | Green | Green | Assignment I overruled |
| Did the state engage in intentional misconduct to coerce the plea? | Green | Green | Assignment II overruled |
| Did defense counsel render ineffective assistance regarding SVP specifications? | Green | Green | Assignment III overruled |
| Did the trial court err by not addressing the guilty plea personally and explaining it as a complete admission of guilt? | Green | Green | Assignment IV overruled |
| Is the four-year sentence permissible for a first-time offender under current law? | Green | Green | Assignment V overruled |
Key Cases Cited
- State v. Byrd, 63 Ohio St.2d 288 (Ohio 1980) (scrutinizes judge's conduct in plea bargaining to assess voluntariness)
- State v. Smith, 104 Ohio St.3d 106 (Ohio 2004) (SVP specification issues with indictment and prior offenses)
- State v. Wagers, 2010-Ohio-2311 (Ohio 2010) (clarifies SVP statute does not require prior sexually violent offense)
- State v. Griggs, 103 Ohio St.3d 85 (Ohio 2004) (substantial-compliance standard for nonconstitutional guilty-plea rights)
- State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (Crim.R. 11 plea compliance and prejudice standard)