Court of Appeals of Ohio, Sixth District, Sandusky
Court No. 15 CR 902
Loretta Riddle, for appellant.
DECISION AND JUDGMENT
1} Defendant-appellant, Andrew Kouts, appeals the
April 4, 2016 judgment of the Sandusky County Court of Common
Pleas sentencing him to an aggregate sentence of 198 months
in prison. For the reasons that follow, we reverse and remand
to the trial court.
2} On October 8, 2015, Kouts was indicted on two
counts of rape in violation of R.C. 2907.02(A)(1)(b) and five
counts of pandering sexually oriented matter involving a
minor in violation of R.C. 2907.322(A)(1). On February 25,
2016, Kouts pleaded guilty to the lesser offenses of two
counts of gross sexual imposition in violation of R.C.
2907.05(B) and five counts of pandering sexually oriented
matter involving a minor in violation of R.C. 2907.322(A)(5).
On April 4, 2016, the trial court sentenced him to 54 months
in prison on each of the gross sexual imposition convictions
and 18 months on each of the pandering convictions, which the
court ordered to run consecutively, giving him an aggregate
sentence of 198 months-or 16 years and six months-in prison.
3} Kouts appeals the trial court's judgment,
asserting two assignments of error:
ASSIGNMENT OF ERROR NO. I
APPELLANT'S GUILTY PLEA WAS NOT VOLUNTARY AND KNOWINGLY
[sic] WHEN THE TRIAL COURT FAILED TO SUBSTANTIALLY COMPLY
WITH CRIM.R. 11 BY FAILING TO INFORM APPELLANT OF ALL OF THE
PUNITIVE CONSEQUENCES OF HIS PLEA.
ASSIGNMENT OF ERROR NO. II
APPELLANT RECEIVED CONSTITUTIONALLY INEFFECTIVE ASSISTANCE OF
COUNSEL WHEN HIS TRIAL COUNSEL DID NOT REQUEST A
Law and Analysis
Knowing and Voluntary Plea
4} In his first assignment of error, Kouts contends
that his plea was not made knowingly and voluntarily because
the trial court failed to inform him of all the restrictions
and requirements inherent ...