State v. Wheeler
2011 Ohio 3423
Ohio Ct. App.2011Background
- Wheeler pled guilty to possession of crack cocaine, a third-degree felony.
- The trial court had denied his pre-trial motion to suppress evidence after a hearing.
- Wheeler was sentenced to two years in prison, a $1,542 fine, and a six-month driver's license suspension.
- Wheeler’s counsel stated that Wheeler would waive appellate rights and not appeal the suppression ruling.
- At the plea hearing, Wheeler affirmed he understood and wished to plead guilty, indicating waiver of appellate rights.
- The court proceeded with the guilty plea, which the court held waived the alleged suppression error unless it precluded a knowing, intelligent, and voluntary plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the motion to suppress is appealable after a guilty plea | Wheeler asserts suppression denial is a appellate issue | Wheeler waived appellate rights by pleading guilty | Waived; plea precludes appeal of suppression denial |
Key Cases Cited
- State v. Smith, 2009-Ohio-5048 (Clark App. No. 08 CA 60) (waiver of suppression issues on guilty plea if plea is knowing and voluntary)
- State v. Fitzpatrick, 2004-Ohio-3167 (Ohio) (plea waives appealable errors absent preclusion of knowing, intelligent plea)
- State v. Barrett, 2011-Ohio-2303 (Montgomery App. No. 24150) (guilty plea constitutes complete admission of guilt, waiving appeal rights Crim.R. 11(B)(1))
- State v. Kelley, 57 Ohio St.3d 127 (1991) (plea waives errors not precluded by knowing and voluntary plea)
- State v. Kaznoch, 2010-Ohio-5474 (Cuyahoga App. No. 93951) (additional authority on waiver of suppression issues)