State v. Giuggio

Citations

• 2018 Ohio 2376

Syllabus

GUILTY PLEA – CRIM.R. 11 – APPELLATE REVIEW/CRIMINAL – COUNSEL – SENTENCING: Before a trial court accepts a guilty plea in a felony case, Crim.R. 11(C)(2) requires the court to personally address the defendant, ascertain that the plea is voluntary, and entered with an understanding of the effect of the plea, the nature of the charges, and the maximum penalty that may be imposed. In addition, the court must inform the defendant, and determine that the defendant understands, that by pleading guilty, the defendant is waiving her or his constitutional rights (1) to a jury trial, (2) to confront witnesses against her or him, (3) to have compulsory process for obtaining witnesses, (4) to require the state to prove the defendant's guilty beyond a reasonable doubt, and (5) to the privilege against self-incrimination. An appellate court is unable to determine on appeal whether ineffective assistance of trial counsel occurred where the allegations of ineffectiveness are based on facts outside the record. The trial court's imposition of a maximum prison term was not contrary to law where the record reflected that the court considered the purposes and principles of sentencing in R.C. 2929.11 and the factors in R.C. 2929.12, and the sentence fell within the permissible range.