State v. Lewis
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[Cite as State v. Lewis, 2010-Ohio-2481.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : v. : Nos. 09AP-1147 (C.P.C. No. 09CR-07-4003) Anthony D. Lewis, and 09AP-1148 : (C.P.C. No. 09CR-07-4019) Defendant-Appellant. : (REGULAR CALENDAR) : D E C I S I O N Rendered on June 3, 2010 Ron O'Brien, Prosecuting Farnbacher, for appellee. Attorney, and Barbara A. Yeura R. Venters, Public Defender, and David L. Strait, for appellant. APPEAL from the Franklin County Court of Common Pleas TYACK, P.J. {¶1} Anthony D. Lewis is appealing from the decision of the Franklin County Court of Common Pleas which accepted his guilty pleas to felony domestic violence and to two charges of burglary as felonies of the fourth degree. He assigns a single error for our consideration: Nos. 09AP-1147 & 09AP-1148 2 The trial court erred by entering judgment of conviction based upon guilty pleas that were not knowing, intelligent and voluntary. {¶2} A review of the transcript of the plea proceedings demonstrates that the trial court judge who accepted Lewis's guilty pleas carefully complied with Crim.R. 11 when deciding whether or not Lewis was entering his guilty pleas knowingly, voluntarily and intelligently. {¶3} Civ.R. 11(C)(2) reads: In felony cases the court may refuse to accept a plea of guilty or a plea of no contest, and shall not accept a plea of guilty or no contest without first addressing the defendant personally and doing all of the following: (a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved, and, if applicable, that the defendant is not eligible for probation or for the imposition of community control sanctions at the sentencing hearing. (b) Informing the defendant of and determining that the defendant understands the effect of the plea of guilty or no contest, and that the court, upon acceptance of the plea, may proceed with judgment and sentence. (c) Informing the defendant and determining that the defendant understands that by the plea the defendant is waiving the rights to jury trial, to confront witnesses against him or her, to have compulsory process for obtaining witnesses in the defendant's favor, and to require the state to prove the defendant's guilt beyond a reasonable doubt at a trial at which the defendant cannot be compelled to testify against himself or herself. Nos. 09AP-1147 & 09AP-1148 {¶4} 3 The trial court clearly made the requisite inquiries and made the appropriate findings based upon the responses Lewis gave. Nothing in the record before us indicates that the trial court erred in any way in accepting the guilty pleas. {¶5} The sole assignment of error is overruled. The judgment of the Franklin County Court of Common Pleas is affirmed. Judgment affirmed. McGRATH and CONNOR, JJ., concur. ___________
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