State v. Mullins

Citations

• 2023 Ohio 803

Syllabus

Crim.R. 11 guilty plea knowing, intelligent, and voluntary prejudice complete failure State v. Dangler, 162 Ohio St.3d 1, 2020-Ohio-2765, 164 N.E.3d 286 OVI repeat OVI offender specification third-degree felony R.C. 4511.19 R.C. 2929.14 R.C. 2941.1413 R.C. 2929.13. Judgment is vacated and remanded. Defendant's guilty plea is not knowing, intelligent, and voluntary because he was misinformed regarding the possible sentence he faced and the nature of his charges. Here, the court failed to correct the mistake in defendant's sentence and failed to advise defendant of the full nature of his charges. The omissions and the misinformation by the trial court demonstrate a complete failure to comply with Crim.R. 11(C) and eliminate the defendant's burden to demonstrate that he was prejudiced by the trial court's error. Because defendant's plea is vacated, any error regarding his sentence is moot.