Domestic Violence Case: Failure to Advise of Sanction


A man pled guilty to one count of domestic violence. Since he had a prior domestic violence conviction involving a family member, he was convicted of a fourth degree felony. The defendant stated his desire to withdraw his guilty plea prior to sentencing but after he had learned that he would face a prison term as part of his sentencing. The trial court denied his motion to withdraw his plea and he was subsequently sentenced to 12 months' imprisonment plus court fees. In the defendant's appeal, there are three assignments of error to the trial court: 1) The man should have been allowed to withdraw his plea, 2) The man was not made fully aware of his constitutional rights before he made his plea, and 3) The defendant did not receive effective counsel. In domestic violence conviction following plea, trial court erred in not informing defendant that he could be required to perform community service if he failed to pay his court costs, and that possible sentence is removed, former R.C. 2947.23(A)(1)(a).