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State v. Brown
Citation: 2021 Ohio 3275Docket: 19CA011588
Court: Ohio Court of Appeals; September 20, 2021; Ohio; State Appellate Court
Original Court Document: View Document
Ashley Brown appealed her conviction for aggravated menacing in the Lorain Municipal Court, where she was found guilty after entering a no contest plea. The trial court sentenced her to a $150 fine and 180 days in jail, suspending both the fine and 150 days of the jail sentence, with 30 days to be served concurrently with a separate child endangering case. Brown raised one assignment of error, claiming she was prejudiced and denied due process because the court did not fully inform her of her constitutional right to trial or the implications of her no contest plea. The appellate court determined that for a no contest plea to be valid, it must be made knowingly, intelligently, and voluntarily. The court clarified that because Brown was charged with a first-degree misdemeanor, which is defined as a petty offense due to its maximum jail sentence of 180 days, the trial court was only required to inform her of the plea's effects, not all constitutional rights she would waive. The court found no merit in her claim regarding the lack of information about her right to a jury trial, as the trial court's obligations were limited in this context. Ultimately, the appellate court concluded that the trial court erred by not adequately informing Brown of the consequences of her plea, leading to a reversal and remand of the case. The right to be informed about the implications of a plea is a nonconstitutional right reviewed under a standard of substantial compliance. Deviations from Crim.R. 11 are permissible if the totality of circumstances shows the defendant understands the plea's implications and the rights waived. If substantial compliance is lacking, a court must determine if there was partial compliance, requiring the defendant to show prejudice for the plea to be vacated. A complete failure to comply necessitates vacating the plea. In the case of Ms. Brown, the transcript indicates that the trial court did not inform her that her no contest plea was not an admission of guilt, nor that it wouldn’t be used against her in future proceedings. There are no written documents showing she was informed of these effects, and the court’s discussion focused on the recommended sentence rather than the specific effects of the plea. Additionally, Ms. Brown did not verbally enter her no contest plea during the hearing, which is a fundamental requirement of Crim. R. 11. The court's interaction suggested she was only indicating a desire to resolve the matter, without formally entering the plea. Consequently, the trial court's failure to properly take the plea means it did not comply with Crim. R. 11. An electronically-signed waiver of trial by jury exists in the record, but there is no documentation indicating that Ms. Brown was informed about the implications of her no contest plea. Her statement of wanting to "get it over with" does not equate to a valid plea. The trial court received a summary of the case from the prosecutor and asked if Ms. Brown or her counsel wished to speak, yet failed to explicitly accept her plea or declare a finding of guilt. Due to the absence of proper advisement regarding the plea's effects, there is noncompliance with Crim. R. 11, eliminating the need for Ms. Brown to prove prejudice from this noncompliance. Consequently, her no contest plea is deemed invalid, leading to the vacating of her conviction. The Lorain Municipal Court's judgment is reversed, and the case is remanded for further proceedings consistent with this ruling. A special mandate is issued for the execution of this judgment. The Clerk of the Court of Appeals is instructed to notify the parties and record the mailing. The concurring opinions emphasize concerns about the lack of protections under Crim. R. 11(C) for misdemeanor defendants, particularly in light of the potential consequences of such convictions. One judge calls for a reassessment of these protections to prevent harsh outcomes for misdemeanor offenders. Costs are taxed to the appellee, with legal representation provided by Denise G. Wilms for the appellant and Rocky Radeff for the appellee.