State v. Downing

Citations

• 2020 Ohio 3984

Syllabus

The trial court did not err when it proceeded to sentence appellant after he failed to participate in the preparation of his presentence investigation report. The record establishes that the trial court sufficiently followed the procedure set forth in Crim.R. 11(C)(2)(c) when it informed appellant of the constitutional rights he would be waiving as a result of pleading guilty. The trial court did not err when it failed to inform appellant at the plea hearing that his guilty plea was a \complete admission of guilt\ rather than an \admission of guilt.\ The record establishes no prejudice, and the trial court substantially complied with Crim.R. 11(C) insofar as appellant was aware of the effect of his guilty pleas. Lastly, while the trial court did not explicitly inform appellant that it was not bound by the sentencing recommendation made by the State, a review of the entire plea colloquy, the Rule 11 Notification and Waiver, and the plea agreement signed by the parties indicates that he knew at the time he changed his pleas that (1) the court was not required to follow the State's recommendation as to the sentence and (2) he faced a potential maximum sentence of 16 years in prison and 270 days in the local jail. Judgment affirmed.