State v. Ross, 2017 Ohio 709

Appellant Dennis R. Ross was convicted by a Girard Municipal Court bench trial of passing a bad check (R.C. 2913.11(B)).
Trial occurred September 3, 2015; Ross appeared pro se after the court noted he had no attorney.
Vienna Auto Repair billed Ross $404.44 for a January 14, 2015 repair; the check Ross wrote was returned for non-sufficient funds.
Ross testified the repair caused a subsequent wheel detachment and accident; he claimed not to have told the repair shop or police certain facts.
The trial court fined Ross $500 (with $500 suspended), sentenced him to 30 days in jail (30 days suspended), placed him on six months non-reporting probation, and ordered $403 restitution.
Ross timely appealed, raising two assignments of error: (1) improper counsel waiver; (2) insufficient evidence to sustain conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Ross's waiver of counsel knowing and intelligent?	Ross argues waiver was invalid due to lack of proper inquiry.	State contends waiver was valid under applicable rule and standards.	Waiver insufficiently established; not knowingly intelligent.
Was there sufficient evidence to prove the offense of passing a bad check?	Ross contends evidence failed to prove all elements beyond a reasonable doubt.	State asserts proven by check dishonor and Rossi’s statements.	Yes; sufficient evidence supported the conviction.

State v. Gibson, 45 Ohio St.2d 366 (Ohio 1976) (right to counsel and self-representation requirements under Faretta and related cases)
State v. Wellman, 37 Ohio St.2d 162 (Ohio 1974) (need for knowing and intelligent waiver of counsel; record must show informed choice)
State v. Mogul, 2006-Ohio-1873 (11th Dist. Trumbull No. 2003-T-0178) (trial court must inform defendant of charges, defenses, and penalties before Waiver)
State v. Brandon, 45 Ohio St.3d 85 (Ohio 1989) (uncounseled misdemeanor conviction valid only if jail not imposed or is moot on appeal)