State v. Venes
2012 Ohio 81
Ohio Ct. App.2012Background
- Venes was charged with 111 counts of pandering sexually-oriented matter involving a minor and one count of possession of criminal tools.
- He pled not guilty at arraignment but changed to guilty pleas to all charges on March 24, 2011.
- The trial court conducted a Crim.R. 11 colloquy but did not inform Venes of the constitutional right to compulsory process.
- The trial court accepted the pleas and sentenced Venes to a 24-year prison term.
- Venes appeals, arguing his plea was invalid because the court failed to inform him of all waivable rights.
- The state's concession and the record show the Crim.R. 11(C) error affected voluntariness of the pleas, requiring reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Crim.R. 11(C) failure invalidates the pleas | Venes | Venes | Plea invalid; convictions reversed and remanded |
Key Cases Cited
- State v. Barker, 129 Ohio St.3d 472 (2011-Ohio-4130) (strict Crim.R. 11 compliance required for knowing, intelligent pleas)
- State v. Engle, 74 Ohio St.3d 525 (1996) (Crim.R. 11 procedures; rights waivers must be explained)
- State v. Veney, 120 Ohio St.3d 176 (2008-Ohio-5200) (Crim.R. 11(C)(2)(c) requires informing waivers of rights)
- State v. Woods, 192 Ohio App.3d 494 (2011-Ohio-727) (failure to inform about compulsory process invalidates plea)