[Cite as State v. Johnston,
2017-Ohio-8593.]
COURT OF APPEALS
GUERNSEY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Patricia A. Delaney, P.J.
Plaintiff-Appellee : Hon. W. Scott Gwin, J.
: Hon. Earle E. Wise, Jr., J.
-vs- :
:
TROY W. JOHNSTON : Case No. 17CA000022
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 16CR000252
JUDGMENT: Affirmed
DATE OF JUDGMENT: November 15, 2017
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JASON R. FARLEY FREDERICK A. SEALOVER
Guernsey County 45 N. Fourth Street
Assistant Prosecuting Attorney P. O. Box 2910
145 N. 7th Street Zanesville, OH 43702-2910
Cambridge, OH 43725
Guernsey County, Case No. 17CA000022 2
Wise, Earle, J.
{¶ 1} Defendant-Appellant Troy W. Johnston appeals the August 18, 2017
judgment of conviction and sentence of the Court of Common Pleas, Guernsey County,
Ohio. Plaintiff-Appellee is the state of Ohio.
{¶ 2} A recitation of the underlying facts is not necessary to our disposition of this
appeal. On November 23, 2016, the Guernsey County Grand Jury returned an indictment
charging Johnston with one count of having weapons under disability pursuant to R.C.
2923.13. At his arraignment on April 13, 2017, Johnston entered a plea of not guilty.
{¶ 3} On June 22, 2017, Johnston elected to withdraw his not guilty plea, and
enter a plea of guilty as charged. During the plea colloquy, the trial court asked Johnston
if he understood that by entering a plea of guilty, he was waiving or giving up his right to
a jury trial. Johnston indicated his understanding of the same.
{¶ 4} On August 18, 2017, the trial court held a sentencing hearing and sentenced
Johnston to 18 months incarceration.
{¶ 5} Johnston now brings this appeal, raising one assignment of error:
I
{¶ 6} "THE DEFENDANT-APPELLANT'S PLEA OF GUILTY IS VOID AND
INVALID BECAUSE IT WAS NOT ENTERED KNOWINGLY AND VOLUNTARILY AND
INTELLIGENTLY."
{¶ 7} Preliminarily, we note this case is before this court on the accelerated
calendar which is governed by App.R. 11.1. Subsection (E), determination and judgment
on appeal, provides in pertinent part: “The appeal will be determined as provided by
Guernsey County, Case No. 17CA000022 3
App.R. 11.1. “It shall be sufficient compliance with App. R. 12(A) for the statement of the
reason for the court's decision as to each error to be in brief and conclusionary form.”
{¶ 8} One of the important purposes of the accelerated calendar is to enable an
appellate court to render a brief and conclusory decision more quickly than in a case on
the regular calendar where the briefs, facts, and legal issues are more complicated.
Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158,
463 N.E.2d 655 (10th
Dist.1983).
{¶ 9} This appeal shall be considered in accordance with the aforementioned
rules.
{¶ 10} Johnston argues his plea was not knowingly, intelligently and voluntarily
made because the trial court failed to inform him that a jury verdict against him would
need to be unanimous in order to sustain a conviction. We disagree.
{¶ 11} Crim.R. 11 governs pleas. Subsection (C)(2) states the following:
(2) 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.
Guernsey County, Case No. 17CA000022 4
(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.
{¶ 12} We addressed the same complaint raised here by Johnston in State v.
Rogers, 5th Dist. Muskingum No. CT2008-0066, 2009-Ohio-4899, ¶ 11:
This Court, along with several courts, including the Ohio Supreme
Court, has held there is no requirement that a trial court inform a
defendant of his right to a unanimous verdict. State v. Dooley,
Muskingum App. No. CT2008-0055, 2009-Ohio-2095; State v.
Hamilton, Muskingum App. No. CT2008-0011, 2008-Ohio-6328;
State v. Fitzpatrick, 102 Ohio St.3d 321,
810 N.E.2d 927, 2004-Ohio-
3167, at ¶ 44-46 (accused need not be told that jury unanimity is
necessary to convict and to impose sentence); State v. Smith,
Guernsey County, Case No. 17CA000022 5
Muskingum App. No. CT2008-0001, 2008-Ohio-3306 at ¶ 27 (there
is no explicit requirement in Crim.R. 11(C)(2)(a) that a defendant be
informed of his right to a unanimous verdict); State v. Williams,
Muskingum App. No. CT2007-0073, 2008-Ohio-3903 at ¶ 9 (the
Supreme Court held an accused need not be told the jury verdict
must be unanimous in order to convict); State v. Barnett, Hamilton
App. No. C-060950, 2007-Ohio-4599, at ¶ 6 (trial court is not required
to specifically inform defendant that she had right to unanimous
verdict; defendant's execution of a written jury trial waiver and guilty
plea form, as well as her on-the-record colloquy with the trial court
about these documents, was sufficient to notify her about the jury
trial right she was foregoing); State v. Goens, Montgomery App. No.
19585, 2003-Ohio-5402, at ¶ 19; State v. Pons (June 1, 1983),
Montgomery App. No. 7817 (defendant's argument that he be told
that there must be a unanimous verdict by the jury is an attempted
super technical expansion of Crim.R. 11); State v. Small (July 22,
1981), Summit App. No. 10105 (Crim.R. 11 does not require the
court to inform the defendant that the verdict in a jury trial must be by
unanimous vote).
{¶ 13} Upon review, we do not find appellant's plea was unknowing, unintelligent,
and involuntary.
Guernsey County, Case No. 17CA000022 6
{¶ 14} The sole assignment of error is denied.
By Wise, Earle, J.
Delaney, P.J. and
Gwin, J. concur.
EEW/rw
