2015 Ohio 4182
Ohio Ct. App.2015Background
- Defendant Christopher Moore was indicted on six counts including two counts of rape (victim under 13), kidnapping, domestic violence, and intimidation; several counts carried sexually violent predator specifications.
- Moore pleaded guilty to an amended first-degree felony rape count and an amended third-degree felony gross sexual imposition count; remaining counts were dismissed.
- The trial court obtained a presentence investigation, merged counts for sentencing, and sentenced Moore to ten years on the amended rape count.
- At the plea colloquy the trial court mistakenly advised the rape penalty as "three to eleven months," and the prosecutor immediately corrected the court.
- The court corrected the error to "three to eleven years," asked Moore if the correction changed his decision to plead, and Moore answered "no."
- Moore appealed, arguing the trial court failed to properly advise him of the maximum penalty under Crim.R. 11(C)(2)(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court failed to advise defendant of the maximum penalty under Crim.R. 11(C)(2)(a) | State: The court substantially complied with Crim.R. 11; correction was immediate and defendant indicated understanding | Moore: Misstatement of penalty (months vs. years) violated Crim.R. 11 and requires vacatur | The court held there was substantial compliance; plea was knowing, voluntary, intelligent and not prejudiced by the error |
Key Cases Cited
- State v. Veney, 120 Ohio St.3d 176, 897 N.E.2d 621 (Ohio 2008) (strict compliance required for constitutional advisements; prejudice required for nonconstitutional errors)
- State v. Nero, 56 Ohio St.3d 106, 564 N.E.2d 474 (Ohio 1990) (nonconstitutional Crim.R. 11 advisements require substantial compliance; defines test)
- State v. Caplinger, 105 Ohio App.3d 567, 664 N.E.2d 959 (Ohio Ct. App.) (substantial compliance shown if defendant appreciated plea effects despite error)
- State v. Drake, 73 Ohio App.3d 640, 598 N.E.2d 115 (Ohio Ct. App.) (change of heart is insufficient to withdraw a knowing, voluntary plea)