State v. Watkins

788 N.E.2d 635, 99 Ohio St. 3d 12
CourtOhio Supreme Court
DecidedMay 16, 2003
DocketNo. 2001-2273
StatusPublished
Cited by101 cases

This text of 788 N.E.2d 635 (State v. Watkins) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Watkins, 788 N.E.2d 635, 99 Ohio St. 3d 12 (Ohio 2003).

Opinion

Pfeifer, J.

Factual Background

{¶ 1} On May 19, 2000, appellant, Scott V. Watkins, was arrested for violating R.C. 4511.19(A)(1), operating a vehicle while under the influence of alcohol (“DUI”). The state prosecuted appellant as a second offender based upon an earlier DUI conviction in 1994.

{¶ 2} On February 5, 2001, at a hearing in Fairborn Municipal Court, appellant’s counsel entered a no contest plea on his behalf. The trial judge advised appellant as follows:

{¶ 3} “[N]o contest means you’re not admitting you are guilty, but you are also not contesting the facts in the Complaint and Affidavit. Based on those facts, the Court could and probably would find you guilty. Do [you] understand that?”

{¶ 4} Appellant indicated that he understood. The judge then asked defense counsel whether he wanted the prosecutor to read into the record the facts underlying the charge. Counsel responded, “That is not necessary, your Honor. We would agree that sufficient facts would exist upon which the Court can make a finding of guilty.”

{¶ 5} The court accepted appellant’s no contest plea and found him guilty of DUI. The court sentenced appellant as a second offender to 60 days’ incarceration, with 50 days suspended.

{¶ 6} Appellant appealed, arguing that before accepting his plea, the court should have engaged him in a colloquy that complied with Crim.R. 11(C). That rule requires a court to advise a defendant who pleads guilty or no contest to a felony charge that he is waiving his right to a jury trial, his right to confront witnesses, his right to have compulsory process for obtaining witnesses, his right [14]*14against self-incrimination, and his right to require the state to prove his guilt beyond a reasonable doubt.

{¶ 7} The appellate court affirmed the judgment of the trial court on November 16, 2001. The court noted that the “case is governed by Traf.R. 10(D), rather than Crim.R. 11(E). * * * However, the two rules are identical in all relevant parts, and the framework for analyzing cases involving Crim.R. 11(E) is therefore equally appropriate to cases involving Traf.R. 10(D).” The court held that the trial court had complied with Crim.R. 11(E) and was not required to comply with the expanded informational requirements of Crim.R. 11(C). The court acknowledged that its opinion was at odds with those of nine other appellate districts and, in a separate opinion, sustained appellant’s motion to certify a conflict.

{¶ 8} On March 6, 2002, this court agreed that a conflict exists among appellate districts and ordered the parties to brief the following issue:

{¶ 9} “Where a defendant charged with a petty offense changes his plea of not guilty to a plea of guilty or no contest, does the trial court comply with Traf.R. 10(D) and Crim.R. 11(E) by informing the Defendant of the information contained in Traf.R. 10(B) or Crim.R. 11(B) or must the trial court engage in a colloquy with the defendant that is substantially equivalent to that required by Crim.R. 11(C) in felony cases?”

Law and Analysis

{¶ 10} R.C. 2937.46 authorizes this court, “for the purpose of promoting prompt and efficient disposition of cases arising under the traffic laws of this state and related ordinances,” to adopt “rules for practice and procedure in courts inferior to the court of common pleas.” This court has promulgated the Ohio Traffic Rules pursuant to that statute. Traf.R. 1(B) states that the rules “shall be construed and applied to secure the fair, impartial, speedy and sure administration of justice, simplicity and uniformity in procedure, and the elimination of unjustifiable expense and delay.” The Traffic Rules apply to “traffic cases,” a term defined in Traf.R. 2 as “all proceedings involving violations of laws, ordinances and regulations governing the operation and use of vehicles.” Since the charges brought against appellant involved violations of traffic ordinances, the Traffic Rules applied to his case.

{¶ 11} Traf.R. 10 addresses pleas and a defendant’s rights when pleading. Traf.R. 10(D) addresses misdemeanor cases involving petty offenses. A “petty offense” is defined in Traf.R. 2 as “an offense for which the penalty prescribed by law includes confinement for six months or less.” It is undisputed that appellant’s offense was a petty offense. Traf.R. 10(D) reads:

{¶ 12} “In misdemeanor cases involving petty offenses, except those processed in a traffic violations bureau, the court may refuse to accept a plea of [15]*15guilty or no contest and shall not accept such pleas without first informing the defendant of the effect of the plea of guilty, no contest, and not guilty.”

{¶ 13} The effect of a no contest plea is defined in Traf.R. 10(B)(2):

{¶ 14} “The plea of no contest is not an admission of defendant’s guilt, but is an admission of the truth of the facts alleged in the complaint and such plea or admission shall not be used against the defendant in any subsequent civil or criminal proceeding.”

{¶ 15} The issue is whether a trial judge must inform a defendant of anything more than the Traf.R. 10(B) description of the effect of a guilty or no contest plea to meet the Traf.R. 10(D) requirement of “informing the defendant of the effect of the plea.” Several appellate districts hold that more is necessary. The leading case requiring more is Toledo v. Chiaverini (1983), 11 Ohio App.3d 43, 11 OBR 76, 463 N.E.2d 56, in which the court interpreted Crim.R. 11, which, although inapplicable to traffic cases pursuant to Crim.R. 1(C)(3), does largely mirror Traf.R. 10. In fact, Crim.R. 11(E), which applies to nontraffic misdemeanor cases involving petty offenses, is identical in all relevant respects to Traf.R. 10(D). The Chiaverini court held as follows:

{¶ 16} “The court, when informing a defendant of the effect of a plea of guilty, no contest or not guilty, pursuant to Crim.R. 11(E), should advise the defendant of his right to a trial by jury or to the court; the burden upon the prosecution to prove his guilt beyond a reasonable doubt if he were to go to trial; his right to cross-examine the witnesses called against him; his right not to testify; and his right to subpoena any witness he may have in his own defense. The court should further advise the defendant that, if he pleads no contest, the court will make a finding with regard to the defendant’s guilt or innocence, based upon an explanation of the circumstances as they are set forth in the complaint, as they are presented by the prosecution, or as they are presented by the complainant.”

{¶ 17} In Chiaverini, the court of appeals noted that the trial court’s statement to defendant regarding his no contest plea was as follows: “Let me explain. If you enter a no contest plea today, I will make a finding of guilty * * Thus, under Crim.R. 11(E), the trial court in Chiaverini plainly failed to adequately inform the defendant of the effect of his plea. However, Chiaverini went further in describing what Crim.R. 11(E) requires.

{¶ 18} Essentially, Chiaverini requires a judge in a case with a defendant who falls under Crim.R. 11(E), i.e., a defendant charged with a misdemeanor involving a petty offense, to engage in the same colloquy with the defendant as that required specifically by Crim.R. 11(C) for felony defendants. That rule reads:

[16]

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Cite This Page — Counsel Stack

Bluebook (online)
788 N.E.2d 635, 99 Ohio St. 3d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watkins-ohio-2003.