State v. Johnston
2017 Ohio 8593
| Ohio Ct. App. | 2017Background
- Defendant Troy W. Johnston was indicted for one count of having weapons under disability (R.C. 2923.13) after a Guernsey County grand jury returned an indictment on November 23, 2016.
- Johnston pleaded not guilty at arraignment, then changed his plea to guilty on June 22, 2017.
- During the plea colloquy, the trial court confirmed Johnston understood that a guilty plea waives the right to a jury trial.
- On August 18, 2017, the trial court sentenced Johnston to 18 months in prison.
- Johnston appealed, arguing his plea was not knowing, intelligent, and voluntary because the court did not inform him that a jury verdict must be unanimous to convict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court must inform a felony defendant that a jury verdict must be unanimous when taking a guilty plea | State: No requirement to advise of unanimity; Crim.R.11 satisfied by informing waiver of jury trial | Johnston: Plea involuntary because court did not inform him jury unanimity is required for conviction | Court: No, Crim.R.11 does not require advising a defendant of jury unanimity; plea was knowing, intelligent, and voluntary |
Key Cases Cited
- State v. Fitzpatrick, 102 Ohio St.3d 321 (Ohio 2004) (holding trial courts need not inform defendants that jury unanimity is required to convict)
- Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158 (10th Dist. 1983) (explaining purpose of accelerated calendar appeals and allowance for brief, conclusory decisions)
