Narrative Opinion Summary
The case involves an appeal by the defendant, who sought to withdraw his guilty plea on charges of importuning, domestic violence, and gross sexual imposition. The appeal was based on the argument that the plea was not made knowingly, voluntarily, and intelligently due to the trial court's failure to inform him about the mandatory post-release control applicable under R.C. 2967.28. The State of Ohio conceded the error regarding the trial court's omission in informing the defendant about post-release control. The appellate court found that the trial court's failure to provide this crucial advisement during the plea colloquy constituted a reversible error. Despite the defendant having been sentenced to time served and community-control sanctions, the appellate court emphasized the necessity of proper advisement at the time of the plea. As a result, the court vacated the defendant's sentences and convictions, remanded the case for further proceedings, and deemed a third assignment of error moot. The court also mandated the recovery of costs from the appellee and instructed the Cuyahoga County Common Pleas Court to execute this judgment.
Legal Issues Addressed
Amendment of Sentencing Entriessubscribe to see similar legal issues
Application: The court ruled that a trial court cannot amend its sentencing entry to include post-release control after the initial sentencing, underscoring the necessity of proper advisement at the plea stage.
Reasoning: The court ruled that the trial court could not amend its sentencing entry to include post-release control after the fact, emphasizing the importance of proper advisement at the time of the plea.
Appellate Remedies and Procedural Outcomessubscribe to see similar legal issues
Application: The appellate court vacated the defendant's sentences and convictions due to the trial court's errors, and remanded the case for further proceedings.
Reasoning: Consequently, the appellate court sustained the first and second assignments of error, vacated Ester's sentences and convictions, and remanded the case for further proceedings.
Mandatory Post-Release Control under R.C. 2967.28subscribe to see similar legal issues
Application: The appellate court held that the trial court's failure to advise the defendant about mandatory post-release control during the plea colloquy was a reversible error, as mandated by R.C. 2967.28.
Reasoning: The appellate court found that the trial court failed to properly advise Ester during the plea colloquy, specifically regarding the potential penalties and the mandatory post-release control, which is required under R.C. 2967.28.
Voluntariness of Guilty Pleassubscribe to see similar legal issues
Application: The court found that a guilty plea must be made knowingly, voluntarily, and intelligently, and the trial court failed to fulfill this requirement by not informing the defendant of mandatory post-release control.
Reasoning: Robert Ester, Jr. appealed the trial court's denial of his motion to withdraw his guilty plea, arguing that the plea was not made knowingly, voluntarily, and intelligently due to the court's failure to inform him about mandatory post-release control...