State v. Trotter

2015 Ohio 416

• Court: Ohio Court of Appeals
• Decided: February 5, 2015
• Docket: 101218
• Status: Published

Opinion

[Cite as State v. Trotter, 2015-Ohio-416.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101218

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

MONROE TROTTER

DEFENDANT-APPELLANT

JUDGMENT: REVERSED AND REMANDED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-13-575255-A, CR-13-575851-A, CR-13-579981-A, CR-13-580587-A

BEFORE: Keough, P.J., E.A. Gallagher, J., and Boyle, J.

RELEASED AND JOURNALIZED: February 5, 2015 ATTORNEY FOR APPELLANT

John P. Parker 988 East 185th Street Cleveland, Ohio 44119

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor By: Anthony T. Miranda Assistant Prosecuting Attorney The Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, P.J.:

{¶1} Defendant-appellant, Monroe Trotter, appeals from his convictions after pleading

guilty in four different cases to charges of aggravated vehicular assault, driving while under the

influence, felonious assault, having weapons while under disability, tampering with evidence,

domestic violence, and violating protection orders. Finding merit to the appeal and upon

concession by the state, we vacate his pleas and remand to the trial court.

{¶2} In June 2013, Trotter was indicted in Case No. CR-13-575255 with three counts of

aggravated vehicular assault and one count of driving while under the influence of alcohol or

drugs. In July 2013, Trotter was indicted in Case No. CR-13-575851 with one count each of

felonious assault, having weapons while under disability, tampering with evidence, and domestic

violence. In November 2013, Trotter was indicted in Case No. CR-13-579981 with one count of

violating a protection order. In December 2013, Trotter was indicted in Case No.

CR-13-580587 with one count of violating a protection order.

{¶3} In December 2013, Trotter entered into a plea agreement on these cases — agreeing

to either plead guilty or no contest to all counts as indicted in each case and also agreeing to

forfeit the firearm specified in Case No. CR-13-575851. In exchange for his pleas, Trotter was

sentenced to an agreed six-year term in prison.

{¶4} Trotter now appeals, raising as his sole assignment of error that his guilty pleas must

be vacated because the trial court completely failed to advise him of his Crim.R. 11 rights prior

to accepting his pleas. The state, pursuant to Loc.App.R. 16(B), has conceded this error.1

1 Loc.App.R. 16(B) provides:

Notice of Conceded Error. When a party concedes an error that is dispositive of the entire appeal, the party conceding the error shall file a separate notice of conceded error either in lieu of or in addition to their responsive brief. Once all briefing is completed, the appeal will be {¶5} Before accepting a guilty or no-contest plea, the court must make the determinations

and give the warnings required by Crim.R. 11(C)(2)(a) and (b) and notify the defendant of the

constitutional rights listed in Crim.R. 11(C)(2)(c). State v. Veney, 120 Ohio St.3d 176,

2008-Ohio-5200, 897 N.E.2d 621, ¶ 13. Failure to advise a defendant of his constitutional rights

prior to accepting his plea renders his plea invalid. Veney at ¶ 32.

{¶6} In this case, our review of the record confirms the trial court completely failed to

advise Trotter of any of his Crim.R. 11 rights prior to accepting his plea. Accordingly, we must

vacate Trotter’s guilty pleas and remand these cases for further proceedings.

{¶7} Judgment reversed, plea vacated, and case remanded for further proceedings.

It is, therefore, considered that said appellant recover of said appellee its costs herein.

The Court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate be sent to said court 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.

KATHLEEN ANN KEOUGH, PRESIDING JUDGE

EILEEN A. GALLAGHER, J., and MARY J. BOYLE, J., CONCUR

randomly assigned to a merit panel for review. The appeal will be considered submitted on the briefs unless the assigned panel sets an oral argument date.