Conceded error Crim.R. 11 failure to advise defendant of constitutional rights. Defendant's convictions reversed where trial court failed to advise defendant of his constitutional rights prior to accepting his guilty pleas in violation of Crim.R.11.
Decided 2017-11-02
[Cite as State v. Meadows,
2017-Ohio-8407
.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 105753
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
ISAIAH S. MEADOWS
DEFENDANT-APPELLANT
JUDGMENT:
REVERSED AND REMANDED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-16-607612-A
BEFORE: E.A. Gallagher, P.J., Boyle, J., and Laster Mays, J.
RELEASED AND JOURNALIZED: November 2, 2017
ATTORNEY FOR APPELLANT
Steve W. Canfil
55 Public Square, Suite 2100
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
Michael C. O’Malley
Cuyahoga County Prosecutor
BY: Fallon Radigan
Assistant Prosecuting Attorney
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, P.J.:
{¶1} Appellant, Isaiah Meadows, has appealed his convictions from the Cuyahoga
County Court of Common Pleas and has presented four assignments of error:
FIRST ASSIGNMENT OF ERROR
The trial court violated appellant Meadows’s Federal and State
constitutional rights to due process of law and Crim.R.11 when it accepted
appellants [sic] guilty pleas without informing him of the constitutional
rights he was waiving in entering his pleas.
SECOND ASSIGNMENT OF ERROR
The trial court erred in denying appellant Meadows’s presentence motion to
withdraw his guilty pleas.
THIRD ASSIGNMENT OF ERROR
Appellant Meadows was deprived of his Federal and State Constitutional
rights to effective assistance of counsel.
FOURTH ASSIGNMENT OF ERROR
The trial court erred in proceeding with the plea hearing in the absence of
either the results of the psychological evaluation of appellant Meadows or a
stipulation to his competency and sanity at the time of the offenses.
.
{¶2} The state of Ohio has conceded the error set forth in the first assignment.
{¶3} After an independent review of the record, we find that the trial court, at the
plea hearing, did fail to advise appellant of his constitutional rights and failed to comply
with Crim.R. 11.
{¶4} We reverse appellant’s convictions and remand this matter for further
proceedings consistent with this opinion.1
1
We also note that on August 3, 2016, the trial court referred appellant to the psychiatric
clinic for an evaluation of his competency to stand trial and his sanity at the time of the act. There is
{¶5} As we have reversed appellant’s convictions based upon the first assignment
of error, the remaining claimed errors are rendered moot.
It is ordered that appellant recover from appellee the costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common
pleas 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.
_____________________________________________
EILEEN A. GALLAGHER, PRESIDING JUDGE
MARY J. BOYLE, J., and
ANITA LASTER MAYS, J., CONCUR
nothing in the record, however, to indicate that the trial court made any findings as to appellant’s
competency and sanity. Upon remand, the trial court is directed to address this issue in accordance
with R.C. 2945.37.
