State v. Hollowell

2014 Ohio 2407

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100674

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

MARQUIS HOLLOWELL

DEFENDANT-APPELLANT

JUDGMENT:

REVERSED AND REMANDED

Criminal Appeal from the

Cuyahoga County Court of Common Pleas Case No. CR-13-575538-A

BEFORE: Stewart, J., Boyle, A.J., and Blackmon, J.

RELEASED AND JOURNALIZED: June 5, 2014

ATTORNEYS FOR APPELLANT

Robert L. Tobik Cuyahoga County Public Defender

BY: Jeffrey Gamso Assistant County Public Defender 310 Lakeside Avenue, Suite 200 Cleveland, OH 44113

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

BY: Katherine Mullin Assistant County Prosecutor The Justice Center 1200 Ontario Street, 8th Floor Cleveland, OH 44113

MELODY J. STEWART, J.:

{¶1} Defendant-appellant Marquis Hollowell pleaded guilty to a single count of felonious assault. In an issue that is dispositive of this appeal, he argues that the court violated Crim.R. 11(C)(2) by failing to inform him during the plea colloquy that the state was required to prove his guilt beyond a reasonable doubt.

{¶2} The state concedes the error and our review of the record substantiates the error — the court did not inform Hollowell during the plea colloquy that the state had to prove his guilt beyond a reasonable doubt as required by Crim.R. 11(C)(2). This is reversible error. See State v. Veney, 120 Ohio St.3d 176, 2008-Ohio-5200, 897 N.E.2d 621, syllabus; State v. Woods, 192 Ohio App.3d 494, 2011-Ohio-727, 949 N.E.2d 574, ¶ 40-41 (8th Dist.) The first assignment of error is sustained. Consequently, the second assignment of error relating to a sentencing error is moot.

{¶3} This cause is reversed and remanded to the trial court for further proceedings consistent with this opinion.

It is ordered that appellant recover of appellee his costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

________________________________________

MELODY J. STEWART, JUDGE

MARY J. BOYLE, A.J., and PATRICIA ANN BLACKMON, J., CONCUR