State v. Williams
2016 Ohio 7777
| Ohio Ct. App. | 2016Background
- Kenneth Williams was indicted for grand theft under Ohio Rev. Code § 2913.02(A)(1) for obtaining $17,000 from a victim by representing he owned or could sell/lease certain houses in which he had no legal interest.
- Williams entered a felony no contest plea to the indictment.
- Before accepting the plea, the trial court asked the prosecutor to recite the facts; the prosecutor described that the victim gave Williams money believing Williams owned the properties (i.e., the victim consented to the transfer based on false pretenses).
- The trial court found Williams guilty, ordered restitution, and sentenced him to 15 months in prison.
- On appeal Williams argued the prosecutor’s factual recitation eliminated the statutory element “without the consent of the owner” required by R.C. 2913.02(A)(1), making acceptance of the no contest plea improper.
- The Eighth District agreed, vacated the conviction, and ordered Williams discharged because the proffered facts negated an essential element of the charged offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may accept a felony no contest plea when the state’s factual proffer affirmatively negates an essential element of the charged offense | State: Bird requires courts to find guilty when indictment sufficiently alleges felony and defendant pleads no contest; plea admission binds defendant to indictment | Williams: Prosecutor’s factual statement showed the victim consented to give money (allegation of “without consent” negated), so court should not accept plea | Court: There is an exception to Bird — if prosecutor’s facts definitely negate an essential element, accepting plea and finding guilt is error; conviction vacated |
Key Cases Cited
- State v. Bird, 81 Ohio St.3d 582, 692 N.E.2d 1013 (Ohio 1998) (holding that a no contest plea admits the truth of the indictment and, where indictment sufficiently alleges offense, court must find defendant guilty)
- State v. Mehozonek, 8 Ohio App.3d 271 (8th Dist. 1983) (when facts presented unequivocally negate an essential element of the charged felony, accepting a no contest plea is an abuse of discretion)
- State v. Cohen, 60 Ohio App.2d 182 (1st Dist. 1978) (recognizes that factual proffers negating an element preclude acceptance of a plea)