State v. Morgan
2014 Ohio 654
Ohio Ct. App.2014Background
- Morgan was charged in 2013 with unauthorized removal of scrap under Youngstown City Ordinance 545.23, an unclassified misdemeanor.
- He initially pled not guilty; counsel was appointed and later he changed to a no contest plea under a plea agreement.
- Sentencing followed: 150 days in jail, a $500 fine, and 18 months of probation.
- Appellant challenges the plea on the basis that Crim.R. 11(D) requirements were not personally addressed nor explained to him, affecting voluntariness.
- The record shows no personal address or dialogue with Morgan before accepting the plea, and the plea form allegedly mis-stated potential penalties.
- The appellate court reversed, vacated the plea and conviction, and remanded for proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crim.R. 11(D) was satisfied | Morgan argues there was no personal address or explanation of effects. | Morgan contends his understanding of penalties was misrepresented on the plea form. | Crim.R. 11(D) not satisfied; plea vacated and case remanded |
Key Cases Cited
- State v. Williams, 7th Dist. No. 01 CA 221, 2002-Ohio-5022 (2002) (unclassified misdemeanor; Crim.R. 11 applicable)
- State v. Bailes, 7th Dist. No. 01-CA-224, 2002-Ohio-5217 (2002) (totality of circumstances; meaningful dialogue required)
- State v. Clark, 11th Dist. No. 2011-Ohio-090, 2012-Ohio-3889 (2012) (meaningful dialogue in misdemeanor pleas)