State v. Smith

Citations

• 2022 Ohio 1411

Syllabus

Having weapons while under disability guilty plea insufficient evidence Crim.R. 11(C)(2) knowing intelligent voluntary nature of the charges maximum penalty. A victim was shot and killed inside of his vehicle. Following a jury trial, appellant was found not guilty of aggravated murder, murder, felonious assault, and voluntary manslaughter for the death of the victim. A charge for having weapons while under disability was tried to the bench, and the judge found the appellant guilty for that charge. On appeal, we find that the conviction for of having weapons while under disability was supported by insufficient evidence. The testimony relied on by the state is appellant's alleged motive for committing the murder, and cell phone records placing his phone within the vicinity of the crime. No evidence was presented that appellant possessed a firearm on the date of the victim's death. Accordingly, the conviction for having weapons while under disability is vacated. Appellant further argues that his guilty plea in a separate case was not made knowingly, intelligently, or voluntarily because the court did not properly explain the penalty he faced in violation of Crim.R. 11(C)(2). Upon review, we find that the trial court complied with Crim.R. 11(C)(2) when it explained the nature of the charges against him and the maximum penalty he faced.