2019 Ohio 3040
Ohio Ct. App.2019Background
- Ricardo Lozada pleaded guilty to two counts of aggravated robbery and one count of grand theft of a motor vehicle; one aggravated-robbery count had a one-year firearm specification and the other had one- and three-year specifications.
- The trial court accepted the guilty pleas and sentenced Lozada to a total of 14 years’ imprisonment.
- On appeal Lozada raised four assignments of error: Crim.R. 11(C)(2)(c) plea-colloquy defects, failure to hold a competency hearing, sentencing errors, and cumulative error.
- The appellate panel focused on whether the trial court strictly complied with Crim.R. 11(C)(2)(c) by ensuring Lozada understood that pleading guilty waives constitutional trial rights.
- The trial court recited the rights a defendant would have at trial and asked Lozada if he understood those rights; the record did not explicitly show the court determined Lozada understood that pleading guilty would waive those rights.
- The court vacated Lozada’s guilty pleas and remanded for further proceedings, finding the plea colloquy failed strict compliance with Crim.R. 11(C)(2)(c); other issues were deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea colloquy complied with Crim.R. 11(C)(2)(c) | State: Trial court adequately explained trial rights and asked defendant if he understood them | Lozada: Court did not ensure he understood that a guilty plea waives those rights | Court: Reversed — plea invalid for lack of strict compliance (vacated and remanded) |
| Whether a competency hearing was required before proceeding/trial | State: No reversible error shown | Lozada: Trial court failed to hold required competency hearing before trial/plea | Moot (not reached) |
| Whether sentencing considerations/findings were made on the record | State: Sentence proper | Lozada: Court failed to make required on-the-record findings; sentence unsupported | Moot (not reached) |
| Whether cumulative errors deprived defendant of fair trial/plea | State: No cumulative prejudice | Lozada: Cumulative errors warrant relief | Moot (not reached) |
Key Cases Cited
- State v. Miller, 153 Ohio St.3d 1502 (Ohio 2018) (discussing Crim.R. 11(C)(2)(c) strict-compliance requirement that a defendant understand a guilty plea waives constitutional trial rights)