State v. Hennen, 2012 Ohio 2278

Hennen was charged in Oct 2010 with multiple DUI offenses under R.C. 4511.19, indicting counts including A(1)(a), A(2), and A(1)(f) with related specifications.
In Feb 2011, Hennen pled guilty to count one and its specification; remaining counts and specifications were dismissed.
Trial court sentenced Hennen to a total three-year prison term and permanently suspended her driver's license.
On appeal, Hennen challenged (i) the indictment as fatally defective for not outlining prior convictions, and (ii) ineffective assistance of counsel.
Rule: waiver of indictment defects arises when the defendant pleads guilty; Colon/Horner considerations affect whether a guilty-plea waives certain challenges.
This court ultimately overruled the first assignment and rejected the ineffective-assistance claims, affirming the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment sufficiency/structural defect	Hennen argues the indictment omits prior convictions as predicates.	State contends omission is non-structural; plea waiver bar applies.	Assignment I overruled; waiver prevents review.
Ineffective assistance of counsel	Counsel failed to challenge indictment and investigate prior convictions.	Counsel's actions were strategic; record insufficient to prove deficiency.	Assignment II overruled; no reversible ineffective assistance.

State v. Horner, 126 Ohio St.3d 466 (2010-Ohio-3803) (overruled Colon in context of guilty-plea waivers)
State v. Colon, 118 Ohio St.3d 26 (2008-Ohio-1624) (structural error and procedural waiver principles)
State v. Barton, 108 Ohio St.3d 402 (2006-Ohio-1324) (waiver of indictment deficiencies for guilty pleas)
State v. Neal, 2009-Ohio-3170 (9th Dist. Nos. 24392, 24398) (waiver of indictment deficiencies when guilty plea entered)
State v. Hunter, 131 Ohio St.3d 67 (2011-Ohio-6524) (cannot infer counsel ineffectiveness from a silent record)