State v. Butler

Defendant was indicted for the crime of felonious assault as defined in R. C. 2903.11. On May 30, 1974, he appeared in open court and stated through counsel, “the defendant has decided that he would like to change his plea if the State would consider a lesser included offense here.” The court responded that he was “assuming you are talking about'2903.12, aggravated assault,” and was assured by defense counsel that that assumption was correct. The court thereupon instructed defendant as to his rights and examined him on his understanding of the offense and the possible penalties therefor. It…