Court of Appeals of Ohio, Fifth District, Guernsey
from the Court of Common Pleas, Case No. 16CR000252
Plaintiff-Appellee JASON R. FARLEY Guernsey County Assistant
Defendant-Appellant FREDERICK A. SEALOVER.
Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. Earle
E. Wise, Jr., 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
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. ...