State v. Rembert
2011 Ohio 4961
Ohio Ct. App.2011Background
- Indictment on Jan 6, 2009 for attempted aggravated murder with firearm specs, prior conviction notice, repeat violent offender, carrying a concealed weapon, and two weapon-under-disability counts.
- Rembert pleaded not guilty at arraignment but later withdrew pleas and pleaded guilty to the indicted charges; sentenced to 29 years and six months.
- On Feb 9, 2011, Rembert moved to withdraw his guilty pleas; the trial court denied.
- Appeal filed pro se challenging plea validity, degree information, post-release control, and counsel-influence arguments.
- Appellate court sua sponte dismissed May 10, 2011 for failure to file the trial transcript; record later reinstated but plea-hearing transcript not filed.
- Court emphasizes absence of transcript requires presumption of regularity and results in affirming the judgment; issues are overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was knowingly and intelligently made. | Rembert | Rembert | Overruled; transcript absence limits review; regularity presumed. |
| Whether the court properly informed the degree of felonies. | Rembert | Rembert | Overruled; absence of transcript precludes reversal. |
| Whether post-release control must be explained as mandatory. | Rembert | Rembert | Overruled; record insufficiency; regularity presumed. |
| Whether plea was voluntary due to counsel assurances. | Rembert | Rembert | Overruled; lack of adequate record; ordinary standard applied. |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (necessity of transcript for appellate review; duty to provide record)
- Ostrander v. Parker–Fallis Insulation Co., Inc., 29 Ohio St.2d 72 (1972) (presumption of regularity when record is incomplete)