City of Cuyahoga Falls v. Simich

The defendant-appellant, Keith M. Simich, appeals his conviction in the Cuyahoga Falls Municipal Court for driving under the influence of alcohol (Cuya. Falls Ord. 333.01[A]), based upon a guilty plea “accepted” by the trial court because of Simich’s violation of the conditions of a plea of guilty he had tendered over thirteen months previously pursuant to an alcohol abuse diversionary treatment program (AADTP) conducted by the trial court’s probation department. We reverse.

Facts

Simich was initially arrested and charged with driving while intoxicated on September 6, 1980. He appeared in the…