Cleveland v. Collins

Citations

• 2019 Ohio 3280

Syllabus

Misdemeanor violation failure to comply building department plea not guilty admission factual allegations R.C. 2937.07 explanation of circumstances proffer procedural conviction reversed vacated. Reversed the trial court's judgment and vacated appellant's conviction for failure to comply with an order of the Cleveland Building Department. Trial court erred by accepting appellant's \no contest\ plea when factual allegations in the complaint stated that notice of the violations was sent to another person and the record demonstrated that appellant did not receive proper notice of the violations. The explanation-of-circumstances requirement in R.C. 2937.07 affords a procedural protection and permits the court to find a defendant not guilty when the facts of the case do not rise to the level of a criminal violation.