State v. Howard, 2011 Ohio 4754

Defendant Jeffrey Howard was indicted in Mahoning County for carrying concealed weapons following a May 10, 2009 traffic stop.
Howard moved to dismiss arguing his concealed carry license should have been reinstated because of prior minor- misdemeanor dispositions and a suspension termination.
The suspension notice was based on a charge of discharging a firearm while intoxicated; the charge was later amended to disorderly conduct and carrying a concealed weapon.
Judgment entries showed Howard pleaded no contest to the minor offenses and the weapon was to be returned to him, with fines assessed.
Howard entered an Alford plea to the indicted charge in 2010; the State agreed to stand silent at sentencing and the court imposed one year of community control.
On appeal, Howard challenged the indictment as predicated on an incorrectly charged offense, seeking dismissal as a pretrial remedy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the indictment was properly dismissed as predicated on an incorrectly charged offense	State contends the pretrial motion to dismiss sought a determination on guilt, not proper pretrial disposal.	Howard argues reinstatement of the license should have occurred, undermining the charged offense.	Waived review due to Alford plea; pretrial dismissal issue not reviewable.

State v. Carter, 124 Ohio App.3d 423 (1997) (Alford pleadings treated as guilty pleas for waiver purposes)
State v. Nguyen, 2007-Ohio-2034 (2007) (Alford plea does not preserve appeal of pretrial motions)
State v. Bailey, 2004-Ohio-6427 (2004) (purpose of Alford plea to avoid trial consequences)
State v. Brady, 2010-Ohio-2421 (2010) (Crim.R. 12(C) pretrial limits on evaluating trial issues)
North Carolina v. Alford, 400 U.S. 25 (1970) (plea to avoid risk; waiver of most appellate review)