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State v. Enyart

December 9, 2008

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
RICHARD E. ENYART, DEFENDANT-APPELLANT.



APPEALS from the Franklin County Court of Common Pleas. (C.P.C. Nos. 07CR-9135 & 07CR-6170).

The opinion of the court was delivered by: Bryant, J.

(REGULAR CALENDAR)

OPINION

{¶1} Defendant-appellant, Richard E. Enyart, appeals from judgments of the Franklin County Court of Common Pleas finding him guilty, pursuant to his no contest plea, of multiple counts of rape, gross sexual imposition, pandering sexually oriented matter involving a minor, and illegal use of a minor in nudity-oriented material, in addition to single counts of attempted rape and tampering with evidence. On appeal, defendant assigns a single error pertinent to both cases:

ASSIGNMENT OF ERROR ONE

APPELLANT'S PLEA OF NO CONTEST WAS INVOLUNTARY AS THE COURT FAILED TO COMPLY WITH CRIMINAL RULE 11 AS WELL AS THE DUE PROCESS CLAUSES OF THE OHIO AND FEDERAL CONSTITUTIONS.

Because the trial court substantially complied with its obligations under Crim.R. 11 in conducting its no contest plea colloquy with defendant, and the record fails to demonstrate defendant entered the no contest pleas involuntarily, we affirm.

I. Indictments

{¶2} By indictment filed on August 24, 2007, defendant was charged in case No. 07CR-6170 with ten counts of rape, thirteen counts of gross sexual imposition, eight counts of pandering sexually-oriented matter involving a minor, six counts of illegal use of a minor in nudity-oriented material, and single counts of attempted rape and tampering with evidence. The victims ranged in age from five to twelve at the time of the offenses.

{¶3} A second indictment was filed on December 21, 2007 in case No. 07CR-9135 charging defendant with twelve counts of rape, twelve counts of gross sexual imposition, six counts of pandering sexually-oriented material involving a minor, and four counts of illegal use of a minor in nudity-oriented material. The victims ranged in age from four to eleven at the time of the offenses.

{¶4} Defendant filed motions to suppress some of his statements to police and much of the evidence taken from his home. The trial court conducted a hearing on January 3, 2008, and at the conclusion of the hearing denied the motions.

II. Plea Proceedings

{¶5} As a result of the trial court's ruling on defendant's motions to suppress, defendant entered a no contest plea in case No. 07CR-6170 to two counts of rape, six counts of gross imposition, one count of pandering sexually-oriented material, one count of attempted rape, four counts of illegal use of a minor in nudity-oriented material, and one count of tampering with evidence; the state requested a nolle prosequi on the remaining counts. In case No. 07CR-9135, defendant entered a no contest plea to twelve counts of rape, twelve counts of gross sexual imposition, six counts of pandering sexually-oriented material involving a minor, and four counts of illegal use of a minor in nudity-oriented material.

{ΒΆ6} The trial court conducted a plea hearing. In response to the trial court's initial questions, defendant advised that he was 44 years old and could "read, write, and understand the English language." (Tr. 4.) With respect to the no contest plea forms, the court asked defendant if he reviewed them with his attorney before he signed them, and defendant responded that he had. He also indicated in response to the court's questions that he understood the forms and signed them voluntarily, stating that no one forced him to sign them, threatened ...


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