Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Johnson

Court of Appeals of Ohio, Fifth District

March 21, 2008

STATE OF OHIO, Plaintiff-Appellee
v.
JOHNNY W. JOHNSON, Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 06 CR 510.

For Plaintiff-Appellee DANIEL H. HUSTON ASSISTANT PROSECUTOR.

For Defendant-Appellant R. WILLIAM MEEKS R. WILLIAM MEEKS CO., LPA.

Hon. William B. Hoffman, P. J. Hon. W. Scott Gwin, J. Hon. John W. Wise, J.

OPINION

WISE, J.

{¶1} Appellant Johnny W. Johnson appeals his conviction and sentence entered on December 7, 2006, in the Licking County Court of Common Pleas on one count of felonious assault.

{¶2} Appellee is State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶3} On February 7, 2007, Appellant Johnny W. Johnson pled no contest to one count of felonious assault as a felony of the second degree. Following the execution of a form entitled Admission of Guilt/No Contest, the trial court engaged in the following colloquy with Mr. Johnson:

{¶4} "Q. You understand by entering a plea of no contest today that you're waiving or giving up certain of your rights; do you understand that?

{¶5} "A. Yes, sir.

{¶6} "Q. And did your attorney explain those rights to you?

{¶7} "A. Yes, sir, he did.

{¶8} "Q. Included among some of the rights you are giving up, do you understand you're giving up the right to stand on your plea of not guilty and giving up the right to have a trial by jury or a trial to the Court?

{¶9} "A. Yes, sir.

{¶10} "Q. Giving up the right to have the State prove your guilt beyond a reasonable doubt?.

{¶11} "A. I understand that.

{¶12} "Q. Giving up the right to require your accusers to appear before you and to confront you with the evidence they have, and giving up the right to cross-examine those accusers?

{¶13} A. Yes, sir.

{¶14} "Q. Giving up the right to have the Court compel or subpoena witnesses to appear and testify in your behalf and in your defense?

{¶15} "A. Yes, sir.

{¶16} "Q. Finally, you're giving up the right to testify if you want to at your trial, or the right to refuse to testify if you do not want to, and that refusal would have no bearing on your guilt or innocence; do you understand that?

{¶17} "A. Yes, sir.

{¶18} "Q. Are you waiving all of these rights and asking this Court to accept your plea of no contest?

{¶19} "A. Yes, sir.

{¶20} "Q. Do you understand that a plea of no contest does not admit your guilt but does set forth the facts in the indictment against you ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.