This cause came on to be heard upon the appeal;.the transcript of the docket, journal entries and original papers from the Court of Common Pleas of Hamilton County; and the transcript of the proceedings, the briefs and the arguments of counsel.
On the day of his trial, aрpellant pled, guilty as charged to one count of rape. Having received a sentence of four to twenty-five years at the Ohio Reformatory, he now appeals, claiming thе court failed to determine that he understood the maximum penalties involved, in violation of-thе requirements of Crim. R. 11(C) (2)., We -agree.
The record discloses, and the state agrees, that the judge did nоt mention the penalties involved, much less determine if Wilson understood them. But the record also disсloses that Wilson signed an “Entry Withdrawing Plea Of Not Guilty And Entering Plea Of Guilty-,” in which the penalties (incarceration and fine) were fully set forth, and further that at the subsequent sentence hearing, ap *65 pellant cleаrly indicated that he knew when he offered the plea that he could be sentenced to sеven to twenty-five years. The state claims there was substantial compliance with Crim. R. 11(C)(2).
How much has the strict rule of
State
v.
Caudill
(1976),
The syllabus in Stewart reads as follows:
“Where an individual is indicted on a charge of ág-' gravated murder, with specifications theretо, and the trial court accepts a plea of guilty to the lesser included offense of murdеr. (R. C. 2903.02) without personally advising the' defendant that he is ineligible for probation, such omission does not constitute prejudicial error, and there is substantial compliance with the provisions of Crim. R. 11. (Paragraph one of the syllabus in State v. Caudill,48 Ohio St. 2d 342 , modified.)”
We note that the first paragraph of the Caudill syllabus is only modified, not reversed, and that the other two paragraрhs thereof are unchanged. As promulgated in 1976, the three paragraphs of Caudill read as follows:
“1. In accepting a written plea of no contest to a felony charge, the trial court must adhere scrupulously to-the provisions of Crim. R. 11(C) (2).
“2. Adherence to the provisions of Crim. R. 11(C)(2) requires an oral dialogue bеtween the trial court and the defendant which enables the court to determine fully the defendant’s understanding of the consequences of his plea, of guilty or no contest.
“3. The requirements of Crim. E. 11(C)(2) аre not satisfied by a- written statement by the defendant or by representations of his counsel.”
A meаningful dialogue is still required, and written statements do not satisfy the requirements of the. rule. The dialogue in the instant case, considering the total ab *66 sence of any mention of the penalty, eonld not lead to a full understanding by appellant of the consequences of his plea.
The potential sentence hanging over a pleading defendant is one of the important matters on his mind, if nоt the most important, it being a major “consequence” of his plea. The court need takе but a few moments to determine whether the accused understands- the penalties involved, a necessary step in finding the. answer to the central question whether the plea is offered voluntаrily. We deem it proper to obligate the court to spread on the record at this pivotal hearing the entire basis of its conclusions and determinations when a plea is. offered, thus foreclosing repeated future attempts by the offender to evade the plainly foreseeable results of his deliberate choice.
Adherence to Grim. R. 11(C) does not require “rote recitation” or “ritualistic incantation.” The ascertainment of voluntariness demands an inquiry into spеcific constitutional waivers and defendant’s knowledge of certain aspects of the aftermath of his plea. The language of the rule need not be repeated verbatim, but its checklist of essential items should be covered.
When we weigh the advantages and disadvantages. of strict adherence to the rule, the balance tips in fаvor of full compliance. For the sentencing judge, strict adherence is not burdensome: it takes a matter of minutes. But the accused is subjecting himself to possible incarceration for a mаtter of months, if not years. This is a moment of considerable significance in his life. In addition to waiving trial, he is, then and there, testifying against himself, and his waiver of his. Fifth Amendment rights cannot logically be called knowing, intelligent and voluntary unless he is aware of the consequences. A presumption of prejudicе is--proper, when and if the court, which is the final arbiter of constitutional rights, fails to take every reasonable step to -protect the defendant’s constitutional rights.
•• Finally, this court has held that striсt adherence is required, in a series of cases beginning with State v. Dur *67 ham, No. C-74595, rendered September 29, 1975. Our decision in the instant ease is consistent.
The assignment of error is well taken. We reverse and remand for further proceedings.
Judgment reversed.