State v. PuckettState v. Puckett
DECISION AND JUDGMENT ENTRY
{¶ 1} Randy J. Puckett appeals his conviction and sentence in the Scioto County Court of Common Pleas. Puckett contends that: (1) his guilty plea was not knowingly and intelligently entered because the trial court informed him of the incorrect maximum penalty; (2) the trial court abused its discretion when it denied his presentence motion to withdraw his guilty plea; and (3) the trial court erred in imposing a higher sentence than that which was disclosed as the maximum penalty when he entered his guilty plea. Because the transcripts reveal that the trial court informed Puckett of an incorrect maximum penalty, we agree with Puckett‘s first assignment of error and decline to address his remaining arguments. Accordingly, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.
I.
{¶ 2} On August 14, 2003, Puckett pled guilty to a fourth degree felony of driving under the influence of drugs or alcohol with three or more prior convictions within six years in violation of R.C.
{¶ 3} At the plea change hearing, the trial court informed Puckett that he was charged with a fourth degree felony, which carried “a maximum prison sentence of eighteen months and a maximum fine of $5,000.” Puckett advised the court that he understood the maximum penalty.
{¶ 4} In its judgment entry, the trial court stated that it “* * * advised the defendant of the charge against him, and the penalty provided by law * * *.” The record also includes a document entitled “Maximum Penalty“, which recites the charged offense as a fourth degree felony with a maximum prison term of eighteen months and fine of $5,000. This document is signed by Puckett and his trial counsel and states: “The defendant on this 14th day of August, 2003, certifies that the above [maximum penalty] was explained to him/her in open court by the judge and that he understands the penalty provided by law that he/she faces.”
{¶ 5} Before sentencing, Puckett submitted to a drug screening, which tested positive for methamphetamines. Because of the positive drug test, Puckett would have to serve at least sixty days in prison before being released to a community correctional facility.
{¶ 6} On October 17, 2003, the trial court held the sentencing hearing. At that hearing, but prior to the court passing sentence, Puckett moved to withdraw his guilty plea on the basis that he entered the plea with the understanding he would serve his time at a community based correctional facility, not prison. The trial court denied the motion and sentenced Puckett to thirty months in prison. Puckett‘s counsel questioned the trial court regarding the sentence. The transcript reads as follows:
Defense Counsel: Your Honor, what was the months that he was sentenced to?
Court: Thirty months.
Defense Counsel: Under an F-4 was not the max that he could get eighteen months?
Court: Thirty months in prison. That is the statutory penalty pursuant to 4511.19(a1)(a4)(aI) (sic). I will show you the sentence if you would like to see it. He‘s the one who talked himself into this sentence.
{¶ 7} Puckett appeals and raises the following assignments of error: “[I.] Appellant did not knowingly and intelligently enter a guilty plea; [II.] The trial court erred in not permitting Appellant to withdraw his guilty plea prior to sentencing; [III.] The trial court erred in imposing a prison sentence of thirty (30) months after being instructed by the court at the time a guilty plea was entered that the maximum possible penalty would be a prison sentence of eighteen (18) months.”
II.
{¶ 8} We limit our review to Puckett‘s first assignment of error because we find it dispositive. Puckett claims his guilty plea was neither intelligent nor knowing because the trial court informed him of an incorrect maximum penalty.
{¶ 9} In determining whether to accept a guilty plea, the trial court must determine whether the defendant has knowingly, intelligently, and voluntarily entered the plea. State v. Johnson (1988), 40 Ohio St.3d 130, syllabus;
{¶ 10} Strict compliance with
{¶ 11} A defendant who challenges his guilty plea on the basis that it was not knowingly, intelligently, and voluntarily made must show a prejudicial effect. Stewart, supra at 93;
{¶ 12} Here, Puckett relies solely on the “Maximum Penalty” document as proof the trial court informed him of the incorrect maximum prison sentence. Puckett argues that if the trial court had informed him of the correct maximum sentence, that he would have pled not guilty and forced the State to prove the charges against him at trial. The State, on the other hand, concedes the mistaken entry in the “Maximum Penalty” document, but argues that this court must presume the validity of the trial court‘s
{¶ 13} The appellant bears the duty of providing all transcripts necessary for full appellate view. Knapp v. Edwards Laboratories (1980), 61 Ohio St.2d 197, 199. “When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court‘s proceedings, and affirm.” Id. However,
{¶ 14} Here, Puckett failed to meet the burden of providing all transcripts necessary for full appellate review. Nonetheless, because we found the transcript from the
{¶ 15} Accordingly, we sustain Puckett‘s first assignment of error. We decline to address the remaining assignments of error because they are now moot.
Judgment Reversed and Remanded.
JUDGMENT ENTRY
It is ordered that the JUDGMENT BE REVERSED and the cause remanded to the trial court for further proceedings consistent with this opinion and that costs herein be taxed to the appellee.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Scioto County Court of Common Pleas to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as the date of this Entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Abele, P.J. and Harsha, J.: Concur in Judgment a