State v. Schmick
2011 Ohio 2263
Ohio Ct. App.2011Background
- In 2009 Schmick was charged with 28 counts of pandering sexually-oriented matter involving a minor, 53 counts of illegal use of a minor in nudity-oriented material or performance, and one count of possessing criminal tools.
- On April 6, 2010 Schmick pleaded guilty to the described counts and was sentenced to 17 years in prison, designated a Tier II sex offender, with five years of postrelease control.
- Schmick appealed raising six assignments of error; the first two address Crim.R. 11(C)(2)(c) and due process rights.
- The trial court failed to inform Schmick of his privilege against compulsory self-incrimination under Crim.R. 11(C)(2)(c), which the State concedes in part.
- The appellate court held the failure to strictly comply with Crim.R. 11(C)(2)(c) invalidates the plea, vacates the plea, reverses the conviction and sentence, and remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Crim.R. 11(C)(2)(c) strict compliance | Schmick argues failure to inform of self-incrimination rights violated due process. | Schmick contends plea was not validly entered due to Crim.R. 11(C)(2)(c) noncompliance. | Plea invalid; court vacates plea and remands. |
| Effect of noncompliance on voluntariness | Schmick asserts lack of knowing, voluntary, intelligent waiver due to omissions. | Schmick asserts rights were not properly explained, undermining validity of waiver. | Remand for proper proceedings; underlying due process concerns sustained. |
Key Cases Cited
- State v. Veney, 120 Ohio St.3d 176 (2008-Ohio-5200) (strict Crim.R. 11(C)(2)(c) compliance required for felony pleas)
- State v. Ballard, 66 Ohio St.2d 473 (1981) (waiver of rights requires intelligent understanding)
- State v. Stewart, 51 Ohio St.2d 86 (1977) (strict compliance standard for Crim.R. 11(C))
- State v. Burston, Cuyahoga App. No. 93645 (2010-Ohio-5120) (informing right to remain silent satisfies Crim.R. 11(C))
- State v. Griggs, 814 N.E.2d 51 (2004-Ohio-4415) (presumption of invalidity when Crim.R. 11(C) not complied with)