State v. Rodgers, 2011 Ohio 2535

Rodgers pleaded guilty to attempted felonious assault and theft of a motor vehicle after a plea agreement; the court dismissed the remaining counts.
A visiting judge conducted the plea colloquy due to unavailability of the assigned judge; Rodgers was informed of rights and penalties and pled to two counts.
The trial court accepted the pleas, dismissed other counts, and ordered a presentence report.
At sentencing, the court described the incident, recited Rodgers’s criminal history, and imposed concurrent sentences.
The journal entry included an order to pay court costs, but Rodgers later moved to vacate/withdraw his plea.
The trial court denied relief on the plea, but this court remanded for notice and opportunity to address court costs; convictions affirmed, sentence partially reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether postrelease control information and plea effect were properly addressed	Rodgers argues Crim.R. 11(C)(2) was not fully satisfied regarding postrelease control.	Rodgers contends insufficient guidance on postrelease control and plea consequences.	Crim.R. 11(C)(2) complied for constitutional rights; minor omissions did not render plea invalid.
Whether the motion to withdraw plea required a hearing	Rodgers asserts improper denial without a hearing.	Rodgers did not request a hearing; waiver applies.	Waived for purposes of appeal; no reversible error from the absence of a hearing.
Whether the court adequately informed the defendant about the plea's nature	Rodgers alleges failure to explain the nature of offenses.	Defense counsel aided understanding; no protest by Rodgers.	Court's instruction was sufficient; no prejudicial error shown.
Whether sentencing was based on unindicted or unadmitted facts	Rodgers claims Blakely-era constraints; facts used exceeded indictment.	Court relied on presentence report and defendant’s history within discretion.	Trial court acted within discretion; no Sixth Amendment violation found.
Whether court costs were properly imposed in the judgment	Costs should be waived if not pronounced at sentencing.	Costs not properly entered without open-court imposition.	Sustained as to costs; remand for proper notice and opportunity to seek indigency.

State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (prejudice standard for nonconstitutional Crim.R. 11 defects; substantial compliance concept)
State v. Stewart, 51 Ohio St.2d 86 (Ohio 1977) (strict vs. substantial compliance for constitutional rights)
State v. Ballard, 66 Ohio St.2d 473 (Ohio 1981) (waiver of rights and impact on plea validity)
State v. Joseph, 125 Ohio St.3d 76 (Ohio 2010) (prohibition on imposing costs not previously imposed; remedy limited to notice and indigency relief)
State v. Higgs, 123 Ohio App.3d 400 (Ohio 1997) (distinction between constitutional and nonconstitutional Crim.R. 11 rights)