Friday, May 22, 2009

Guilty Pleas and 40 Year Sentence Reversed (5 22 2009)

After a defendant in Greene County pleaded guilty to several counts of rape and gross sexual imposition, he was sentenced to 40 years in prison.  But the defendant was not informed that he faced mandatory prison time before he pleaded guilty.  Instead, he was informed that he would be eligible for community control sanctions if he was granted judicial release.  Since the defendant was not eligible for judicial release while serving time for the rape charges which carried mandatory prison time, Ohio’s Second District Court of Appeals reversed the plea and sentence and remanded the case to the trial court.  State v. Silvers, 2009-Ohio-687.

Contact me if you need a Dayton Criminal Defense Attorney for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

Thursday, May 21, 2009

When pleading "no contest" you are admitting the facts as alleged (5 21 2009)

Criminal Rule 11(B)(2) states that a "plea of no contest ... is an admission of the truth of the facts alleged in the indictment, information, or complaint." Ohio’s Eighth District Court of Appeals just reversed a "no contest" plea and remanded the case to the trial court because the defendant and his counsel believed he could dispute the facts and plead "no contest." The defendant faced drug charges, two of which contained a "schoolyard specification" (which enhance the charge if the offense is committed within 1,000 feet of a school).

The defendant wanted to plead "no contest" but only if the State could prove the schoolyard specification after an evidentiary hearing. The State put on two witnesses to show the drug offenses occurred within 1000 feet of a school. The trial court stopped the defendant from disputing the State’s evidence with his own witness because the "no contest" plea was a plea to the facts as the State presented them.

The Court of Appeals for the Eighth District said the trial court should have realized that the defendant did not understand the effect of his no contest plea and should have withdrawn the no contest plea. Since the trial court accepted the no contest plea and found the defendant guilty, the Court of Appeals reversed and remanded the case back to the trial court. The Court of Appeals for the Eighth District determined that the defendant had not entered his "no contest" plea knowingly, voluntarily, or intelligently. State v. Taylor, 2009-Ohio-2392.

Contact me if you need a Dayton criminal defense lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

 

 

 

Monday, May 18, 2009

Make sure the PSI Report is part of the record on appeal (5 18 09)

Sometimes your appeal will pertain to what is in the presentence investigation report (or PSI). Or you may be challenging the sentence on appeal and the sentence was based on a PSI report. Either way, you have to make sure the PSI Report is part of the record on appeal. A Lorain County defendant just lost an appeal because she did not make the PSI part of the record on appeal. The Ninth District Court of Appeals presumed the regularity of the trial court’s actions. The defendant was disputing the accuracy of the PSI Report pursuant to R.C. 2951.03(5). But without the PSI Report, the court of appeals could not rule on the issue. Could the court of appeals have requested the PSI Report? Of course, but the Ninth District stated that it is the duty of the appellant to make sure the record on appeal is complete. State v. Thompson, 2009-Ohio-2298.

Contact me if you need a Dayton Criminal Defense Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.
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