State v. Riddle

Citations

• 2017 Ohio 1199

Syllabus

The trial court's failure to advise Appellant at the plea hearing of the consequences of committing a new felony while on post-release control did not affect the knowing, intelligent, and voluntary nature of Appellant's guilty plea, as the trial court substantially complied with the requirements of Crim.R. 11(C)(2) at the plea hearing and Appellant failed to demonstrate any prejudice as a result of the trial court's omission. However, Appellant's trial counsel rendered ineffective assistance by advising Appellant to plead guilty to aggravated robbery when the \deadly weapon\ element of the offense was affirmatively negated by the State's statement of facts \upon which the charge [was] based.\ Judgment of conviction for aggravated robbery is reversed and case remanded. Judgment of conviction for breaking and entering is affirmed. (Hall, P.J., concurring in part and dissenting in part.)