State v. Mayo
2017 Ohio 1249
| Ohio Ct. App. | 2017Background
- Michael Mayo posted an ad on Craigslist; a Knox County detective using a fake persona (“Hannah,” claiming to be 15) communicated with Mayo and arranged to meet.
- Detective Bobo identified Mayo, observed his vehicle at the meeting location, stopped and arrested him after Mayo admitted he had been texting “Hannah.”
- Mayo was indicted for importuning (R.C. 2907.07(D)(2)). He pleaded not guilty, waived a jury in writing on October 21, 2016, and proceeded to a bench trial on October 25, 2016.
- The trial court convicted Mayo and sentenced him to 11 months’ imprisonment and classified him as a Tier I sexual offender.
- On appeal Mayo argued (1) the jury waiver was invalid because it was not made in open court, (2) insufficient evidence, (3) constructive amendment of the indictment, and (4) erroneous rejection of entrapment.
- The appellate court found the written jury waiver did not satisfy the statutory "in open court" requirement, reversed and remanded for a new trial; the other assignments were held moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of jury waiver under R.C. 2945.05 | State: waiver was written, signed, filed and in the record | Mayo: written waiver was not "made in open court"; thus invalid | Reversed — waiver invalid for lack of on-the-record acknowledgment in open court; new trial required |
| Sufficiency of evidence to support conviction | State: testimony and texts showed intent to meet minor for sexual activity | Mayo: believed the purported minor was an adult (mistaken belief) | Moot (remanded for new trial) |
| Constructive amendment of indictment | State: evidence and trial proceedings did not alter indictment | Mayo: asserted State effectively amended charges during trial | Moot (remanded for new trial) |
| Rejection of entrapment defense | State: law enforcement conduct lawful; entrapment not established | Mayo: law enforcement tactics constituted entrapment | Moot (remanded for new trial) |
Key Cases Cited
- State v. Lomax, 872 N.E.2d 279 (Ohio 2007) (written jury waiver must also be acknowledged in open court to satisfy R.C. 2945.05)
- State v. Pless, 658 N.E.2d 766 (Ohio 1996) (remedy for invalid jury waiver is remand for new trial)