State v. Nared
2017 Ohio 6999
| Ohio Ct. App. | 2017Background
- Clarence D. Nared was charged with theft (first-degree misdemeanor/petty offense) after an arrest on Sept. 14, 2016; he pled guilty on Oct. 19, 2016.
- At the plea hearing the prosecutor said the assault charge (separate case) would be dismissed for lack of victim appearance; the prosecutor and defense repeatedly stated the parties and court agreed to a sentence of time served.
- The court ordered a presentence investigation (PSI); the probation officer described Nared as a repeat offender and recommended six months in jail.
- Despite prior statements at the plea hearing that time served was sufficient, the trial court later sentenced Nared to 180 days (counting 60 days as time served) and imposed costs; restitution was not ordered.
- Nared completed his jail term; the record suggests court costs remain unpaid. He appealed, arguing the trial court failed to comply with Crim.R. 11(E) when accepting his guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with Crim.R. 11(E) for a petty-misdemeanor plea | State did not contest the adequacy on the merits in the opinion summary | Nared: court failed to inform him that a guilty plea is a complete admission of guilt as required by State v. Jones | Court: plea colloquy was insufficient under Crim.R. 11(E)/Jones — reversible error |
| Whether the appeal is moot because Nared served his jail sentence | State: appeal moot because Nared satisfied sentence | Nared: appeal not moot because costs remain unpaid and collateral consequences may persist | Court: appeal is not moot; payments and costs are relevant — declined to dismiss as moot |
| Whether sentencing to 180 days despite earlier statements of "time served" was appropriate | State: (implicitly) court can rely on PSI and impose lawful sentence | Nared: parties and court had indicated agreement to time served; sentencing deviated from that understanding | Court: noted the troubling discrepancy; remanded for further proceedings (reversal) |
Key Cases Cited
- State v. Jones, 116 Ohio St.3d 211 (trial court must inform defendant that a plea is a complete admission of guilt for petty-misdemeanor pleas)
- State v. Golston, 71 Ohio St.3d 224 (appeal by defendant who voluntarily satisfied misdemeanor judgment is moot absent proof of collateral legal disability)
- State v. Byrd, 185 Ohio App.3d 30 (payment of jail sentence, fines, and costs relevant to mootness inquiry)
Outcome: The appellate court sustained the assignment of error, reversed the municipal-court judgment, and remanded for further proceedings.