State v. Weber

Because I disagree with the majority’s disposition of this matter, I respectfully dissent.

Applying the strict language of R.C. 2943.031(D), the majority concludes that the trial court must be reversed and instructed to vacate the guilty plea appellant entered in this matter in 1990. Moreover, concluding that the statute is substantive, not procedural, the majority finds the Rules of Criminal Procedure inapplicable to appellant’s motion to withdraw her guilty plea for lack of the stated warnings under R.C. 2943.031.

Since its inception, Crim.R. 11 has governed the procedure for ensuring that a…