State v. Foster

Citations

• 2018 Ohio 4006
• 121 N.E.3d 76

Syllabus

GUILTY PLEA – CRIM.R. 11(C) – APPELLATE REVIEW/CRIMINAL: Defendant failed to demonstrate that his guilty plea was not knowingly, voluntarily, and intelligently entered on the ground that the trial court had failed to inform him that he was subject to a mandatory prison term where the plea form failed to inform defendant about the mandatory nature of the prison term, and the trial court advised defendant that he was eligible for community control, but it then expressly told defendant multiple times during the plea colloquy that community control was not a sentencing option and that it was planning to impose a prison term upon him. [But see DISSENT: Where the trial court failed to inform defendant that his prison sentence for rape was mandatory time the court wholly failed to comply with Crim.R. 11(C)(2)(a), and defendant's guilty plea must be vacated.] Crim.R. 11(C) does not require the trial court to inform a defendant during the plea colloquy about his eligibility for judicial release or earned days of credit unless it is incorporated into a plea bargain or the trial court made some misstatement or misrepresentation about judicial release or earned days of credit that induced defendant to enter his plea. Defendant could not demonstrate that his guilty plea to rape was not knowingly, voluntarily, and intelligently entered where the trial court's misstatement of law regarding judicial release did not induce the defendant to enter his guilty plea to rape, and the trial court did not relay inaccurate information during the plea colloquy regarding earned days of credit. Defendant's claim that the Ohio Department of Rehabilitation and Correction violated the separation-of-powers doctrine by administratively adding the designation \mandatory\ to his records without any judicial order requiring the designation was not demonstrated in the record where the defendant had appended a printout from the Department of Rehabilitation and Correction to his brief, but the printout ha