State v. Austin, Unpublished Decision (8-10-2006)
State v. Austin, Unpublished Decision (8-10-2006)
Opinion of the Court
{¶ 4} The underlying purpose of Crim.R. 11(C) is for the court to give enough information to a defendant to allow that defendant to make an intelligent, voluntary and knowing decision of whether to plead guilty. See State v. Ballard (1981),
{¶ 5} Crim.R. 11(C)(2)(a) states that the court must determine the defendant understands "the nature of the charges" before accepting that defendant's guilty plea. We have previously held that in determining a defendant's understanding of the charges against him or her, substantial compliance with Crim.R. 11(C)(2)(a) is required. State v. Fatica (Feb. 23, 1989), Cuyahoga App. Nos. 55090 and 55091. "In determining whether a defendant understands the nature of the charges, the court must examine the totality of the circumstances. The trial court need not recite the elements of the plea as long as the court is convinced the defendant understands the charge." Id. (citingState v. Rainey (1982),
{¶ 6} In the instant case, a review of the record shows that the court first determined that defense counsel had explained to appellant and his family, at some length, the nature of the charges against him and his rights. The court then followed the mandates of Crim.R. 11(C), and further explained to appellant what he was being charged with and what rights he was waiving by entering a guilty plea. Most notably, the court stated the following: "Aggravated murder with a 1-year firearm specification carries with it a mandatory term of incarceration of life imprisonment without the possibility of parole for 20 years. The firearm specification as amended carries with it a mandatory consecutive term of one year. So it would be life imprisonment without the possibility of parole for 21 years. Do you understand that?" Appellant replied that he did.
{¶ 7} Accordingly, we find that the court complied with Crim.R. 11, and appellant's plea was made knowingly, voluntarily and intelligently. Appellant's assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Sean C. Gallagher, P.J., and Michael J. Corrigan, J., concur.
Reference
- Full Case Name
- State of Ohio v. Kevin Austin
- Cited By
- 2 cases
- Status
- Unpublished