State v. Smith

Citations

• 2018 Ohio 3410

Syllabus

Crim.R. 11(C) guilty plea having weapons while under disability participating in criminal gang.Defendant-appellant's convictions for participating in a criminal gang, having a weapon while under disability, and drug possession affirmed. The record demonstrates that the trial court fully complied with Crim.R. 11(C). The record is devoid of any confusion, hesitation, or protestations of innocence on defendant's part at the plea hearing. Defendant's argument that his plea was not knowingly, voluntarily, and intelligently made because the trial court did not advise him that having a weapon while under disability was a low-tier, third-degree felony was unpersuasive. The trial court advised defendant of the maximum penalties involved for his offenses as required under Crim.R. 11(C)(2)(a). Likewise, defendant's argument that the trial court should have concluded that he did not knowingly, voluntarily, or intelligently enter his guilty plea to participating in a criminal gang as a result of his post-plea statements at sentencing was unpersuasive.