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State v. Johnston

Court of Appeals of Ohio, Fifth District, Guernsey

November 15, 2017

STATE OF OHIO Plaintiff-Appellee
v.
TROY W. JOHNSTON Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 16CR000252

          For Plaintiff-Appellee JASON R. FARLEY Guernsey County Assistant Prosecuting Attorney.

          For Defendant-Appellant FREDERICK A. SEALOVER.

          Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Defendant-Appellant Troy W. Johnston appeals the August 18, 2017 judgment of conviction and sentence of the Court of Common Pleas, Guernsey County, Ohio. Plaintiff-Appellee is the state of Ohio.

         {¶ 2} A recitation of the underlying facts is not necessary to our disposition of this appeal. On November 23, 2016, the Guernsey County Grand Jury returned an indictment charging Johnston with one count of having weapons under disability pursuant to R.C. 2923.13. At his arraignment on April 13, 2017, Johnston entered a plea of not guilty.

         {¶ 3} On June 22, 2017, Johnston elected to withdraw his not guilty plea, and enter a plea of guilty as charged. During the plea colloquy, the trial court asked Johnston if he understood that by entering a plea of guilty, he was waiving or giving up his right to a jury trial. Johnston indicated his understanding of the same.

         {¶ 4} On August 18, 2017, the trial court held a sentencing hearing and sentenced Johnston to 18 months incarceration.

         {¶ 5} Johnston now brings this appeal, raising one assignment of error:

         I

         {¶ 6} "THE DEFENDANT-APPELLANT'S PLEA OF GUILTY IS VOID AND INVALID BECAUSE IT WAS NOT ENTERED KNOWINGLY AND VOLUNTARILY AND INTELLIGENTLY."

         {¶ 7} Preliminarily, we note this case is before this court on the accelerated calendar which is governed by App.R. 11.1. Subsection (E), determination and judgment on appeal, provides in pertinent part: "The appeal will be determined as provided by App.R. 11.1. "It shall be sufficient compliance with App. R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form."

         {¶ 8} One of the important purposes of the accelerated calendar is to enable an appellate court to render a brief and conclusory decision more quickly than in a case on the regular calendar where the briefs, facts, and legal issues are more complicated. Crawford v. ...


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