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State v. Johnson

Citations

  • 2020 Ohio 2826

Syllabus

Crim.R. 32(B)/advisement of right to appeal voidable sentence resentencing hearing harmless error Crim.R. 52(B)/defects affecting substantial rights plain error Crim.R. 11 R.C. 2953.08(D)/appellate review/statutory range. The trial court's failure to advise appellant at appellant's sentencing hearing was harmless error. Appellant's sentence was not void, but rather voidable, and after appointment of counsel, appellant was able to file a timely appeal. The Crim.R. 11 colloquy does not require the trial court to inform a defendant that a guilty plea waives certain rights on appeal and thereby does not render the plea void.

Judges: Jones

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