State v. Bishop

Summary

The Ohio Eleventh District Court of Appeals held that the trial court completely failed to inform Diana Rachelle Bishop of the effect of her guilty plea as required by Ohio Criminal Rule 11(E). Although Bishop had signed an advisement at arraignment, the court concluded that the advisement did not satisfy the rule under the circumstances because there was no written plea and no advisement at the change-of-plea hearing. The court reversed the judgment, vacated the plea and conviction, and remanded for further proceedings.

Holdings

1. The trial court completely failed to comply with Crim.R. 11(E) because it did not inform Bishop at the change-of-plea hearing of the effect of her guilty plea, and the earlier arraignment advisement did not satisfy the rule under the circumstances shown in this record.
2. The court declined to address the first assignment of error because its decision on the Crim.R. 11(E) issue was dispositive of the appeal.

Questions Presented

1. Whether the trial court violated Crim.R. 11(E) by accepting Bishop's guilty plea to a petty misdemeanor without informing her of the effect of the plea before accepting it.
2. Whether the trial court erred by accepting Bishop's guilty plea after the prosecutor stated that the State could not sustain a conviction on the charge.

Disposition

reversed_and_remanded