2019 Ohio 4645
Ohio Ct. App.2019Background
- Central Ohio Drug Enforcement Task Force made controlled buys of methamphetamine and marijuana from Monte Smith between April 4 and May 25, 2018.
- Smith was indicted on multiple drug-trafficking, permitting drug abuse, and possession counts with juvenile, major drug offender, and forfeiture specifications.
- On November 5, 2018, Smith changed pleas to no contest to three amended felony counts, including a first-degree trafficking count with a major drug offender specification.
- Sentencing was deferred for a presentence investigation; on December 28, 2018 the trial court imposed an aggregate 15-year prison term; judgment entry dated January 2, 2019 was appealed.
- Smith raised five assignments of error (continuance denial, involuntary/no-contest plea, fines, ineffective assistance of counsel, excessive bail); the court vacated the convictions and sentence because the trial court failed to properly advise Smith about the effect of a no-contest plea under Crim.R.11.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of no-contest plea (Crim.R.11) | State: court substantially complied; plea may be accepted | Smith: court failed to inform that no-contest is not an admission of guilt but an admission of the indictment's facts | Court: Crim.R.11(C)(2)(b) not satisfied; plea vacated for lack of required advisement |
| Motion for continuance | State: trial court did not abuse discretion in denying continuance | Smith: trial court abused discretion by denying his second motion to continue | Moot after plea vacatur; assignment overruled as moot |
| Trial court ordering fines | State: fines proper | Smith: trial court erred in imposing fines | Moot after plea vacatur; assignment overruled as moot |
| Ineffective assistance of counsel (counsel suspended) | State: no reversible error shown | Smith: counsel was suspended and incompetent at sentencing (warranting relief) | Moot after plea vacatur; assignment overruled as moot |
| Excessive bail | State: issue not properly raised on appeal | Smith: bail imposed was excessive under Ohio Constitution | Held not reviewable on direct appeal; habeas corpus is the proper remedy; assignment overruled |
Key Cases Cited
- State v. Jones, 877 N.E.2d 677 (Ohio 2007) (Crim.R.11 procedures vary by offense and required advisements for felony pleas)
- State v. Griggs, 814 N.E.2d 51 (Ohio 2004) (trial court must advise felony defendants of constitutional and certain nonconstitutional rights before plea)
- State v. Nero, 564 N.E.2d 474 (Ohio 1990) (distinguishing constitutional and nonconstitutional advisements and standard of substantial compliance)
- State v. Ballard, 423 N.E.2d 115 (Ohio 1981) (plea voluntariness and record requirements)
- Chari v. Vore, 744 N.E.2d 763 (Ohio 2001) (habeas corpus is proper remedy for excessive bail)