Friday, February 1, 2008

Guilty Plea Reversed (2 1 2008)

Ohio’s Second District Court of Appeals reversed guilty pleas to a second degree felony and two fourth degree felonies because the trial court failed to substantially comply with Criminal Rule 11(C)(2)(a). The trial court failed to inform the defendant that he was NOT eligible for community control (probation) as required. State v. Howard, 2008-Ohio-419. [Upon remand the defendant received a sentence that was two years shorter than the sentence he received before his guilty plea was reversed on appeal.]

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