State v. Sacksteder, Unpublished Decision (9-1-2000)
State v. Sacksteder, Unpublished Decision (9-1-2000)
Opinion of the Court
DECISION AND JUDGMENT ENTRY
This accelerated appeal is before the court on appeal from a decision and judgment entry of the Sylvania Municipal Court. On November 9, 1999, appellant, Thomas Sacksteder, entered two pleas of no contest to amended misdemeanor charges including telephone harassment, a violation of R.C.
Appellant now appeals, setting forth the following assignment of error:
"THE DEFENDANT'S PLEAS WERE NOT MADE KNOWINGLY, INTELLIGENTLY AND VOLUNTARY. AFTER BEING INFORMED OF THE DETAILS OF A CONVERSATION BETWEEN DEFENDANT'S COUNSEL AND THE PROSECUTOR, THE DEFENDANT WAS LED TO BELIEVE THAT HE WOULD RECEIVE PROBATION AS A RESULT OF ADMITTING TO MISDEMEANOR CHARGES TO RESOLVE AN UNUSUALLY LONG, DRAWN OUT, AND CONTESTED MATTER. DEFENDANT RELIED ON COUNSEL IN ERROR AND PLEAD NO CONTEST BELIEVING HE WOULD RECEIVE PROBATION. AS WELL, THE RECORD IS UNCLEAR AS TO THE DEFENDANT-APPELLANT'S UNDERSTANDING OF THE POSSIBILITY OF JAIL TIME."
It is evident from the record presented to this court that the municipal court failed to comply with Crim.R. 11(E). The court never engaged appellant in any meaningful dialogue in order to determine whether he understood the constitutional rights he was waiving. See City of Toledo v. Chiaverini (1983),
Accordingly, the court finds that substantial justice has not been done the party complaining, and the judgment of the Sylvania Municipal Court is reversed and remanded for further proceedings consistent with this decision. Appellee is ordered to pay the costs of this appeal.
Peter M. Handwork, J., James R. Sherck, J., JUDGES CONCUR.________________________ GLASSER, J.
Judge George M. Glasser, retired, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
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