289 N.E.2d 402 | Ohio Ct. App. | 1972
This is an appeal from a judgment and denial of a motion for a new trial by the Hamilton County Municipal Court. There is no significant dispute on the facts.
On July 9, 1971, defendant, the appellant herein, was arrested and charged with aiding and abetting prostitution and with false hotel registration. Following the arrest, the arresting officer asked defendant if he would testify as a witness for the state against the hotel where the offense occurred in return for the officer's recommendation that the charges be dismissed.
Defendant agreed and the arresting officer advised him to request a continuance when his case was brought before the trial court. On July 10, 1971, defendant was brought before the court and a plea of no contest entered. The arresting officer was not present and no mention of the offer of immunity was presented to the trial court. Defendant was found guilty and sentence imposed.
On July 14, 1971, defendant's motion for a new trial was heard. The arresting officer appeared in court and affirmed that an offer of immunity had been made. The trial court denied the motion.
The defendant presents two assignments of error. In the first assignment, the claim is made that the trial court erred in denying defendant's motion for a new trial for the reason that defendant's plea of no contest was invalid.
R. C.
The procedural requirements of due process when an accused is brought before the court following arrest in *220
Ohio are defined in R. C.
In the instant case, the record fails to affirmatively demonstrate that the defendant was advised by the trial court as required by R. C.
In the second assignment, the claim is made that the trial court's judgment of guilty upon the plea of no contest was made without a sufficient "explanation of the circumstances" as required by R. C.
It is, therefore, ordered by the court that the judgment of the Hamilton County Municipal Court be reversed and the cause remanded for further proceedings according to law.
Judgment reversed.
YOUNG and SHANNON, JJ., concur. *221