State v. Phillips, Ca2008-05-126 (3-30-2009)

OPINION

{¶ 1} Defendant-appellant, Michael Dale Phillips, appeals his conviction from the Butler County Court of Common Pleas by asserting that his no contest plea was not knowingly, intelligently, and voluntarily made when he was misinformed by the trial court at his plea that he was eligible to be sentenced to a community control sanction instead of prison.

{¶ 2} Appellant pled no contest to a violation of R.C. 4511.19(A)(1)(a), operating a motor vehicle under the influence ("OVI"). The instant offense was charged as a felony of the third degree because appellant was previously convicted of…