State v. Sims, 2011 Ohio 4819

Defendant-appellant Lenny Sims was indicted on eight counts including drug trafficking with major drug offender, juvenile, and forfeiture specifications, drug possession, having a weapon while under disability, possessing criminal tools, and endangering children.
Sims pled guilty on March 4, 2010 to drug trafficking (Count 1) with major offender, juvenile, and forfeiture specifications and to having a weapon while under disability (Count 3); other counts were dismissed.
The trial court accepted the guilty plea, sentenced Sims to a ten-year term for drug trafficking and one year for having a weapon while under disability, with concurrent execution for an aggregate of ten years.
Sims moved to vacate court costs or request community service in lieu of costs, which the trial court denied.
On appeal, Sims challenges (1) the plea as not knowingly, intelligently, and voluntarily made, and (2) the lack of notice regarding court costs and consequences for nonpayment.
The appellate court ultimately affirms the convictions but remands for proper notification of court costs and the consequences of nonpayment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the plea knowingly, intelligently, and voluntarily made?	Sims argues Crim.R. 11(C)(2)(a) was not satisfied due to misstatement of max penalties.	Sims contends the court failed to properly inform him of penalties for the weapon under disability and related terms.	Yes, substantially complies; no reversible error on the plea.
Was Sims properly notified of court costs and consequences of nonpayment?	State concedes error; no proper notification.	Sims argues lack of mandatory sentencing and cost-notice.	Partial reversal; remand for proper court-cost notification and penalties; sentence otherwise affirmed.

State v. Veney, 120 Ohio St.3d 176 (2008-Ohio-5200) (strict Crim.R.11(C)(2) compliance for constitutional rights; substantial for nonconstitutional rights)
State v. Nero, 56 Ohio St.3d 106 (1990) (nonconstitutional penalties may be substantially complied with)
State v. Caplinger, 105 Ohio App.3d 567 (1995) (totality of the circumstances governs understanding of plea)
State v. McKissic, 2010-Ohio-62 (2010) (substantial compliance suffices when the court errs on nonconstitutional terms)
State v. Gibson, 34 Ohio App.3d 146 (1986) (premise for substantial compliance analysis)
State v. Rainey, 3 Ohio App.3d 441 (1982) (early standard for plea understanding)
State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (legal framework for major drug offender sentencing post-Foster)
State v. Bridges, 2010-Ohio-6359 (2010) (Foster interpretation; validity of major drug offender add-on)
State v. Chandler, 109 Ohio St.3d 223 (2006-Ohio-2285) (clarifies major drug offender penalties and severance of judicial fact-finding)
State v. Cardamone, 2011-Ohio-818 (2011) (remand for proper notification of court costs and penalties)