State v. EstesState v. Estes
Ernst & Associates, David E. Ernst, 11 South Broadway, Suite 200, Lebanon, Ohio 45036, for defendant-appellant
OPINION
PIPER, J.
{¶ 1} Defendant-appellant, Timothy Estes, appeals his conviction, sentence, and order of restitution in the Butler County Court of Common Pleas for one count of burglary.
{¶ 2} Estes was charged with multiple counts of burglary and theft, all contained within three separate indictments that corresponded to three separate case numbers in the common pleas court. Within Case No. CR2011-06-0910, Estes was charged with one count
{¶ 3} Estes filed a brief with this court pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967). After preforming an independent review, we determined that a possible issue existed regarding whether Estes actually pled guilty to count three of CR2011-08-1235 because the trial count did not ask Estes at the plea hearing what Estes’ plea was regarding the third court in CR2011-08-1235. Counsel was appointed, and both Estes and the state filed briefs with this court. We now address Estes’ single assignment of error.
{¶ 4} WHETHER THE COURT‘S INADVERTENT FAILURE TO ORALLY, ON THE RECORD OBTAIN THE DEFENDANT‘S PLEA RENDERS A LATER SENTENCE IMPOSED VOID, REQUIRING THAT IT BE STRICKEN FROM THE RECORD. [sic]
{¶ 5} Estes argues that his conviction for the third count within case CR2011-08-1235 is void because he did not enter an oral plea of guilty during the plea hearing.
{¶ 6} After the parties had negotiated the terms of Estes’ plea agreement, the agreement was reduced to writing on three separate plea forms, one for each of the cases discussed above. On the plea form specific to CR2011-08-1235, each of the four counts are clearly listed, including the third count. Estes then signed the guilty plea form, in which he stated that he understood “the nature of these charges,” and acknowledged the possibility that the trial court could run the sentences for the multiple charges consecutive to each other.
{¶ 7} During the plea hearing, the trial court specifically reviewed the three written plea forms, and asked Estes to confirm that he had personally signed each of the three forms. Estes also confirmed that he had read each plea form in its entirety, that he understood everything that he read, that all of his questions had been answered, and that he was satisfied with his counsel‘s representation.
{¶ 8} At the plea hearing, the trial court referenced the counts in CR2011-08-1235, and asked for Estes’ pleas for count one and two. The trial court then skipped the third count, and instead asked for Estes’ plea to the fourth count. Therefore, there is no oral guilty plea regarding the third count in CR2011-08-1235. Given the fact that Estes executed the written form to plead guilty to the third count within CR2011-08-1235, the question then becomes, is an oral plea required in addition to the written plea in order to make a guilty plea valid? We answer that question in the negative, and find that Estes’ guilty plea was valid for count three in CR2011-08-1235.
{¶ 9} According to
A defendant may plead not guilty, not guilty by reason of insanity, guilty or, with the consent of the court, no contest. A plea of not guilty by reason of insanity shall be made in writing by either the defendant or the defendant‘s attorney. All other pleas may be made orally. The pleas of not guilty and not guilty by reason of insanity may be joined. If a defendant refuses to plead, the court shall enter a plea of not guilty on behalf of the defendant.
{¶ 10} In Straley, the defendant signed a written form indicating his desire to withdraw his not-guilty plea and enter a plea of guilty to the various charges in the indictment. The trial court failed to elicit an oral guilty plea from Straley as it related to the seventh count of Straley‘s multi-count indictment. Nonetheless, the Fourth District Court of Appeals determined that Straley‘s plea was valid in light of the fact that he signed a written plea that included the seventh count and because the trial court complied with
{¶ 11} We find Straley persuasive, and agree with the Fourth District that a defendant‘s guilty plea is valid should he enter a guilty plea to all charges in a written manner, and then receive a full colloquy according to
{¶ 12} Estes does not contend that he received an inadequate
{¶ 13} Moreover, the record indicates that references were made throughout the plea hearing to the third count in CR2011-08-1235 so that Estes had full notice that his plea included that charge. The state informed the trial court at the beginning of the plea hearing
{¶ 14} After reviewing the record, we find that Estes pled guilty to six counts of burglary, including the third count in CR2011-08-1235. Despite the fact that the trial court did not accept an oral guilty plea from Estes on the third count, Estes signed a written guilty plea form by which he pled guilty to the third count. The trial court‘s colloquy complied with
{¶ 15} Judgment affirmed.
RINGLAND, P.J., and M. POWELL, J., concur.