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State v. Greene

Court of Appeals of Ohio, Second District

February 3, 2006

STATE OF OHIO Plaintiff-Appellee
v.
DAVID EUGENE GREENE Defendant-Appellant

Criminal Appeal from Common Pleas Court T.C. NO. 2004 CR 782

ADOLFO A. TORNICHIO, Atty. Reg. No. 0070490, Assistant Prosecutor Attorney for Plaintiff-Appellee

CHARLES BURSEY II, Atty. Reg. No. 0073962, Attorney for Defendant-Appellant

OPINION

DONOVAN, J.

{¶ 1} Defendant-appellant David E. Greene appeals from his conviction and sentence for receiving stolen property and failure to comply with an order or signal of a police officer. On January 3, 2005, Greene entered a plea of guilty to said offenses in exchange for a stipulation that the State would recommend six month prison sentences for each of the two counts, to be served consecutively for a total of twelve months incarceration. Greene was also required to pay $600.00 in restitution.

{¶ 1} The trial court accepted Greene's plea and sentenced him to according to the State recommendation. Additionally the trial court suspended Greene's driver's license for life. Greene filed a timely notice of appeal on March 3, 2005.

I

{¶ 2} On October 23, 2004, Greene was observed by Officer Etchison of the Xenia Police Department driving a red 1999 Pontiac Grand Am which had been reported stolen earlier that day. Suspecting that this was the same vehicle that was reported stolen, Officer Etchison activated the lights on his police cruiser and shined a spotlight on the vehicle. Greene drove the vehicle out of the parking lot he was spotted in and proceeded east on Second Street in Xenia, Ohio. Greene was stopped and apprehended shortly thereafter in the vehicle through the use of stop sticks.

{¶ 3} From his conviction and sentence, Greene appeals.

II

{¶ 4} Greene's first assignment of error is as follows:

{¶ 5} "THE TRIAL COURT ERRED IN ACCEPTING APPELLANT'S PLEA OF GUILT, AS IT WAS NOT ENTERED KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY."

{¶ 6} In his first assignment, Greene contends that he did not subjectively understand the implications of his plea and the rights he was waiving because the trial court failed to inform him that he could be potentially subject to lifetime license suspension. Thus, Greene asserts that his guilty plea was not knowingly, voluntarily, or intelligently made and should be vacated. We agree.

{¶ 7} Crim. R. 11(C) sets forth the requisite notice to be given to a defendant at a plea hearing on a felony. To be fully informed of the effect of the plea, the court must determine that the defendant's plea was made with an "understanding of the nature of the charges and ...


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