2014 Ohio 4019
Ohio Ct. App.2014Background
- Appellant William E. Smith, previously convicted of felonious assault, failed to report to parole or halfway house after release.
- In 2009, Smith was indicted for escape in Richland County, Ohio, a felony of the second degree.
- Smith pleaded not guilty in 2013, then changed to no contest in 2014, which the court accepted.
- The trial court found Smith guilty of escape and sentenced him to two years concurrent with his existing sentence.
- Appellee State challenges the indictment on lack of territorial jurisdiction and argues the plea colloquy compliance was sufficient.
- The court held the indictment's phrasing established Ohio, Richland County jurisdiction, and it affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment adequately establishes jurisdiction | Smith contends the indictment failed to allege the state where the offense occurred. | State asserts the indictment language and RC 2901.11(D) establish Ohio jurisdiction. | Indictment not defective; jurisdiction established. |
Key Cases Cited
- State v. Hamilton, 2014-Ohio-3171 (5th Dist Richland 2014) (indictment sufficiency to establish jurisdiction)
- State v. Williams, 53 Ohio App.3d 1 (10th Dist. 1988) (RC 2901.11(D) presumption when location uncertain)
- State v. Griggs, 2004-Ohio-4415 (Ohio) (plea-acceptance prejudice requires showing of innocence)
- State v. Nero, 56 Ohio St.3d 106 (Supreme Court of Ohio, 1990) (Crim.R. 11 prejudice standard)
- State v. Jones, 116 Ohio St.3d 211 (2007 Ohio) (prejudice analysis for plea errors)