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State v. Armstrong

Court of Appeals of Ohio, Fifth District, Richland

July 11, 2019

STATE OF OHIO, Plaintiff - Appellee
v.
SHANNON ARMSTRONG, Defendant-Appellant

          Appeal from the Richland County Court of Common Pleas, Case No. 2018-CR-0153

          For Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting Attorney.

          For Defendant-Appellant RANDALL E. FRY.

          JUDGES: Hon. William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          Baldwin, J.

         {¶1} Shannon Armstrong appeals the Richland County Court of Common Pleas rejection of his no contest plea.

         STATEMENT OF FACTS AND THE CASE

         {¶2} The facts leading to the charges filed against Appellant are not needed for the disposition of this appeal and are therefore omitted.

         {¶3} 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).

         {¶4} 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 agreement on
any of the components, that it's been my belief that he could submit a no-contest plea to the ...

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