State v. Perkins, 2018 Ohio 5335

Greg Alan Perkins was indicted for third-degree burglary but pleaded guilty to an amended fourth-degree felony trespass charge with a jointly recommended 18-month prison sentence to run consecutively to another sentence.
Perkins waived a presentence investigation and was immediately sentenced; he later moved for a delayed appeal, which this court granted.
On appeal Perkins argued the trial court failed to (1) advise him that a guilty plea waives the right to a jury trial and (2) advise him of the right to counsel on appeal, violating federal and state constitutional rights.
The plea colloquy did not explicitly use the phrase "right to a jury trial" but did tell Perkins the State must prove elements "beyond a reasonable doubt to the unanimous satisfaction of a jury," and the written plea form expressly referenced waiver of a jury trial.
The trial court accepted the joint recommendation; Perkins filed a delayed appeal and this court appointed appellate counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court failed to advise that a guilty plea waives the right to a jury trial	Trial court adequately informed Perkins by describing the jury's unanimity and burden of proof; written plea also referenced jury right	Perkins contends the court never expressly advised him he was waiving the constitutional right to a jury trial, invalidating his plea under Crim.R. 11(C)(2)(c)	The court held the colloquy, when read with the written plea, meaningfully informed Perkins of the jury-trial right; plea was knowing, voluntary, intelligent (affirmed)
Whether the trial court erred by not advising Perkins of the right to counsel on appeal	Advisal of appellate counsel is not constitutionally required after guilty plea; Perkins later received appointed counsel on delayed appeal so no prejudice	Perkins argues he was entitled to express advisement at sentencing regarding appellate counsel	The court held no constitutional requirement to advise of appellate counsel post-plea; Perkins suffered no prejudice because delayed appeal was granted and counsel appointed

State v. Griggs, 103 Ohio St.3d 85 (2004) (Crim.R. 11 ensures pleas are entered knowingly and creates record for review)
State v. Nero, 56 Ohio St.3d 106 (1990) (Crim.R. 11 purpose and requirements)
State v. Clark, 119 Ohio St.3d 239 (2008) (failure to explain Crim.R. 11(C)(2)(c) renders plea presumptively involuntary)
State v. Veney, 120 Ohio St.3d 176 (2008) (trial court must orally inform defendant of Crim.R. 11(C)(2)(c) rights during plea colloquy; cannot rely solely on outside documents)
State v. Ballard, 66 Ohio St.2d 473 (1981) (strict compliance required for waivers of constitutional rights under Crim.R. 11)
State v. Barker, 129 Ohio St.3d 472 (2011) (literal wording may vary slightly if rights are explained in a manner reasonably intelligible to defendant)
Boykin v. Alabama, 395 U.S. 238 (1969) (waiver of fundamental constitutional rights cannot be presumed from a silent record)