2018 Ohio 4702
Ohio Ct. App.2018Background
- Defendant Bobby Nix pled guilty to one count of drug possession (R.C. 2925.11) on January 30, 2018 and was sentenced to 11 months in prison plus three years discretionary postrelease control.
- The sentencing transcript contains no advisement of appellate rights required by Crim.R. 32(B).
- Nix filed a pro se notice of appeal and a motion for leave to file a delayed appeal claiming the trial court failed to advise him of his appellate rights; he also moved for appointment of counsel.
- This court granted leave for a delayed appeal and appointed appellate counsel for Nix.
- The sole issue on appeal was whether the trial court’s failure to notify Nix of his appellate rights under Crim.R. 32(B) required vacatur of his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court’s failure to advise defendant of appellate rights under Crim.R. 32(B) require vacating the sentence? | State: The error is harmless where defendant suffered no prejudice and was ultimately able to pursue appeal. | Nix: Sentence is void/should be vacated because Crim.R. 32(B) advisement was not given at sentencing. | Court: Error renders the sentence voidable, not void; harmless here because delayed appeal was granted and counsel appointed, so no prejudice—assignment of error overruled. |
Key Cases Cited
No officially reported cases were cited in the opinion.