State v. Wynn
2015 Ohio 4646
Ohio Ct. App.2015Background
- Wynn was involved in a July 6, 2014 traffic accident and charged with operating a vehicle without reasonable control (R.C. 4511.202) and failing to stop after an accident (R.C. 4549.02).
- Wynn pleaded no contest to both counts; the trial court accepted the pleas; no sentence was imposed on the control-offense count, only court costs were assessed..
- For the failure-to-stop count, the trial court sentenced Wynn to 180 days in jail and a three-year license suspension.
- The State appealed in C-150052; Wynn appealed in C-150051, and the cases were consolidated.
- The court addressed the assignments of error in reverse order: first the sentencing/open-court-remarks issue, then the no-contest-plea issue.
- The court dismissed C-150051 for lack of a final appealable order and affirmed C-150052, rejecting Wynn’s challenge to the no-contest plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of no-contest plea given later innocence claim | State contends Crim.R. 11 was satisfied; plea valid and not to be withdrawn. | Wynn argues the plea should have been set aside after she asserted innocence at sentencing. | No Alford-based withdrawal required; plea valid and not to be set aside; assigned error overruled. |
| Final appealable order and open-court sentence announcements on the control charge | State argues the appeal should proceed because the sentence and costs were properly imposed. | Wynn argues lack of final order due to sentencing/open-court announcements on both counts. | C-150051 dismissed for lack of final appealable order; C-150052 affirmed as to the conviction and sentence on the failure-to-stop charge. |
Key Cases Cited
- State v. Bennett, 2015-Ohio-3246 (Ohio 2015) (court costs not fines; no final appealable order absent sentence)
- State v. Jones, 116 Ohio St.3d 211 (2007-Ohio-6093) (Crim.R. 11 requirements for plea acceptance)
- State v. Griggs, 2004-Ohio-4415 (Ohio 2004) (Alford plea defined; distinction from no-contest plea)
- State v. Reeves, 2014-Ohio-3497 (Ohio 2014) (post-plea innocence claims and withdrawal considerations)