Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No.
Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland
County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting
Defendant-Appellant RANDALL E. FRY.
JUDGES: Hon. William B. Hoffman, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, J.
Shannon Armstrong appeals the Richland County Court of Common
Pleas rejection of his no contest plea.
OF FACTS AND THE CASE
The facts leading to the charges filed against Appellant are
not needed for the disposition of this appeal and are
The Grand Jury issued an indictment of Appellant listing two
counts of operation of a motor vehicle while under the
influence of alcohol or a drug of abuse in violation of R.C.
4511.19(A)(1)(a), (A)(1)(f) and (G)(1)(c), four counts of
aggravated vehicular assault in violation of R.C.
2903.08(A)(1)(a), (B)(1) and (B)(1)(g), and two counts of
vehicular assault in violation of R.C. 2903.08(A)(2)(b).
Appellant appeared before the trial court on May 25, 2018 and
after the trial court reviewed Appellant's rights and the
maximum penalties, Appellant attempted to enter a no contest
plea and the following exchange took place:
MR. BOYD: Your Honor, there's no agreement. I have had
discussions with my client. We're pleading to the
indictment in its entirety. Parts of the argument for
sentencing (inaudible) wanted to let the court to know that,
because there's no plea agreement. He admits (inaudible)
to a no-contest plea (inaudible) submits to a finding of
guilt (inaudible) the financial liability piece of that.
THE COURT: I believe I told you the other day I would not
accept a no-contest plea. I am insisting on a guilty plea if
he wants to plead guilty.
MR. BOYD: Your Honor, you had indicated that, and it was my
understanding from that conversation that if there was any
any of the components, that it's been my belief that he
could submit a no-contest plea to the ...