State v. Rice

Annotate this Case

Download PDF

[Cite as State v. Rice, 2007-Ohio-6192.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 89107 STATE OF OHIO PLAINTIFF-APPELLEE vs. JAMES RICE DEFENDANT-APPELLANT JUDGMENT: REVERSED AND REMANDED Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-483495 BEFORE: Stewart, J., Sweeney, P.J., and Kilbane, J. RELEASED: JOURNALIZED: November 21, 2007 [Cite as State v. Rice, 2007-Ohio-6192.] ATTORNEY FOR APPELLANT Jonathan N. Garver The Brownhoist Building 4403 St. Clair Avenue Cleveland, OH 44103-1125 ATTORNEY FOR APPELLEE William D. Mason Cuyahoga County Prosecutor BY: Scott Zarzycki Assistant County Prosecutor The Justice Center 1200 Ontario Street 8th Floor Cleveland, OH 44113 [Cite as State v. Rice, 2007-Ohio-6192.] MELODY J. STEWART, J.: {¶ 1} Defendant-appellant James Rice appeals from his conviction on one count of drug trafficking, one count of endangering children, and one count of possession of criminal tools. He argues that the court failed to advise him of his rights before accepting his guilty plea and also failed to inform him that he would be subject to postrelease control. {¶ 2} The state concedes that the court failed to advise appellant of his constitutional rights as required by Crim.R. 11. Our independent review of the record confirms the same. We therefore sustain the first assignment of error and vacate Rice s guilty plea. The second assignment of error is moot. See App.R. 12(A)(1)(c). {¶ 3} This cause is reversed and remanded for proceedings consistent with this opinion. It is, therefore, ordered that said appellant recover of said appellee his costs herein taxed. It is ordered that a special mandate be sent to said court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. MELODY J. STEWART, JUDGE JAMES J. SWEENEY, P.J., and MARY EILEEN KILBANE, J., CONCUR

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.