State v. Hudson

Citations

• 2018 Ohio 4880

Syllabus

In the absence of a transcript of the plea hearing, we presume regularity regarding the trial court's compliance with Crim.R. 11(E), namely that the court advised appellant of the effect of his no contest plea on one count of failure to stop after an accident, a misdemeanor of the first degree. Regarding appellant's conviction for failure to comply with an order or signal of a police officer, the initial complaint charged the offense as a felony of the third degree, and the court accepted appellant's no contest plea to the offense as a misdemeanor of the first degree, without causing a complaint charging the misdemeanor offense to be filed, as required by Crim.R. 5(B)(6). In the absence of an amended complaint, the trial court acted without authority in convicting appellant of felony failure to comply, and analysis of whether the trial court complied with Crim.R. 11(F) by failing to recite the negotiated plea agreement for that offense on the record is not required. Having found that the trial court lacked authority to convict appellant of felony failure to comply, we need not consider the alleged ineffective assistance of defense counsel regarding the absence of a new complaint pursuant to Crim.R. 5(B)(6). Appellant's conviction for failure to stop is affirmed. Appellant's conviction for failure to comply is vacated, and the matter is remanded for proceedings consistent with this opinion. (Hall, J., concurring.) (Welbaum, P.J., dissenting.)