State v. Kinebrew, C-060769 (2-29-2008)
State v. Kinebrew, C-060769 (2-29-2008)
Opinion of the Court
{¶ 2} In his sole assignment of error, Kinebrew contends that the trial court erred in accepting his guilty plea in violation of his right to a jury trial guaranteed by the federal and Ohio constitutions.1
Relying upon dicta in State v. McCann,2 Kinebrew alleges that because he did not sign a jury waiver, as required by RC.
{¶ 3} This argument was rejected two years after McCann, in State v.West, where this court held that a plea of guilty by an accused constitutes a waiver of his right to a jury trial.3 The mandates of R.C.
{¶ 4} Moreover, the record demonstrates that Kinebrew was aware that, by entering a guilty plea, he was waiving his right to a jury trial, as evidenced by the guilty-plea *Page 3 form he had signed and by the colloquy conducted by the trial court. The assignment of error is without merit.
{¶ 5} Therefore, the trial court's judgment is affirmed.
Judgment affirmed.
SUNDERMANN, P. J., and HILDEBRANDT, J., concur.
Reference
- Full Case Name
- State of Ohio v. Jerome Kinebrew
- Cited By
- 2 cases
- Status
- Published