State v. Goldwin

Citations

• 2024 Ohio 4487

Syllabus

Crim.R. 11 guilty plea voluntarily made Dangler coercion mental health ineffective assistance of counsel. Judgment affirmed. Defendant contends that his plea was not voluntary because he was \tricked\ or \persuaded\ into pleading guilty. Crim.R. 11 does not contain an explicit requirement that the trial court determine that a plea was voluntary. Here, while the trial court did not explicitly ask the defendant at his second plea hearing whether any threats or promises had been made in exchange for his plea did amount to a violation of Crim.R. 11, the questions in the Dangler analysis illustrate that the defendant's plea was voluntary because the trial court did not completely fail to comply with the rule so as to excuse him from demonstrating prejudice. Moreover, common sense dictates that when reviewing the first guilty plea hearing in conjunction with the second hearing, the defendant was not \tricked\ or \persuaded\ into pleading guilty. Indeed, there is nothing in the record indicating that the defendant would not have entered his plea had the trial court explicitly asked whether any threats or promises had been made. We decline to find defense counsel ineffective because defendant's assertion that he was \tricked\ and \coerced\ into pleading guilty are speculative and are not substantiated in the record.