2019 Ohio 1627
Ohio Ct. App.2019Background
- Paul E. Grove, Jr. was indicted on multiple counts including aggravated vehicular homicide (R.C. 2903.06(A)(1)(a)), two counts of aggravated vehicular assault, and related DUI and traffic offenses; he pled guilty to all counts at a change-of-plea hearing.
- The trial court imposed an aggregate prison sentence of 18 years (including an 8-year term for aggravated vehicular homicide and consecutive terms for assaults).
- Grove challenged his plea on appeal, asserting his guilty plea was not knowing, intelligent, and voluntary because neither the written plea form nor the plea colloquy informed him that the aggravated vehicular homicide conviction carried a mandatory prison term that made him ineligible for community control/probation.
- The plea form left the “Mandatory” boxes unchecked for felony counts; during colloquy the court discussed sentencing ranges and post-release control but did not inform Grove that a mandatory prison term was required for the aggravated vehicular homicide count.
- The Fifth District concluded the trial court’s complete failure to inform Grove of the mandatory prison term for aggravated vehicular homicide violated Crim.R. 11(C)(2)(a), vacated the plea and sentence, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court must inform a defendant that aggravated vehicular homicide carries a mandatory prison term before accepting a guilty plea | The State argued substantial compliance with Crim.R. 11 was sufficient and that Grove understood exposure to prison | Grove argued the plea form and colloquy failed to notify him that prison time was mandatory and thus plea was not knowing or voluntary | The court held the trial court erred: it must inform defendant of mandatory prison term; failure to do so is complete noncompliance with Crim.R. 11 and requires vacatur and remand |
Key Cases Cited
- Machibroda v. United States, 368 U.S. 487 (1962) (describing the gravity of a guilty plea and waiver of trial rights)
- United States v. Broce, 488 U.S. 563 (1989) (guilty plea is an admission of guilt of the substantive crime)
- State v. Ballard, 66 Ohio St.2d 473 (1981) (substantial compliance standard for non-constitutional Crim.R. 11 requirements)
- State v. Griggs, 103 Ohio St.3d 85 (2004) (articulating test for substantial compliance and prejudice inquiry under Crim.R. 11)
- State v. Nero, 56 Ohio St.3d 106 (1990) (prejudice test: whether the plea would otherwise have been made)
- State v. Sarkozy, 117 Ohio St.3d 86 (2008) (trial court must inform defendant of mandatory post-release control during plea colloquy; complete failure is noncompliance with Crim.R. 11)