State v. Jones
2014 Ohio 5574
Ohio Ct. App.2014Background
- Indicted 4/24/2012 for trafficking marijuana, a felony of the fifth degree (R.C. 2925.03(A)(2)).
- Jones pled no contest on 1/23/2013 and was sentenced to community control sanctions.
- Jones appealed on 3/21/2013; appellate counsel appointed.
- Appellate counsel filed Anders brief; we found potential merit regarding Crim.R. 11(C)(2)(b) and Crim.R. 11(B)(2).
- New appellate counsel filed a sole assignment of error asserting the trial court failed to orally and personally explain the meaning and effect of a no-contest plea as required by Crim.R. 11(C)(2)(b).
- The trial court completely failed to inform Jones of the effect of his no-contest plea; plea vacated, judgment reversed, remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the no-contest plea was knowingly, intelligently, and voluntarily made. | Jones contends the trial court failed to inform of the plea's effect. | State contends subjective understanding existed based on other explanations given. | Plea invalid; complete failure to inform; vacated and remanded. |
Key Cases Cited
- State v. Griggs, 103 Ohio St.3d 85 (Ohio Supreme Court 2004) (Crim.R. 11(C)(2)(b) effect-of-plea requirement must be satisfied; nonconstitutional rights reviewed for prejudice under substantial-compliance standard)
- State v. Jones, 116 Ohio St.3d 211 (Ohio Supreme Court 2007) (Effect of a no-contest plea must be explained separately from maximum sentence and jury rights)
- State v. Sarkozy, 117 Ohio St.3d 86 (Ohio Supreme Court 2008) (Complete vs partial compliance with Crim.R. 11 when determining prejudice")