State v. Luna
| Decision Date | 22 December 1982 |
| Docket Number | No. 81-1900,81-1900 |
| Citation | 2 OBR 615,2 Ohio St.3d 57,442 N.E.2d 1284 |
| Parties | , 2 O.B.R. 615 The STATE of Ohio, Appellee, v. LUNA, Appellant. |
| Court | Ohio Supreme Court |
David E. Bowers, Pros. Atty., and Stephen R. Shaw, Lima, for appellee.
King, Hermon & Berry Co., L.P.A., Gary R. Hermon and Ron Croissant, Lima, for appellant.
The issue presented in this cause is whether a plea of no contest pursuant to a negotiated plea agreement constitutes a waiver of a defendant's right, pursuant to Crim.R. 12(H), to appeal trial court rulings on pretrial motions.
Appellant contends that " * * * a plea of no contest entered into as a result of a negotiated plea agreement does not waive a defendant's right to appeal a prejudicially erroneous ruling by the trial court of a pretrial motion; especially, where defendant's intention to appeal such ruling was known to the other party of such negotiated plea agreement and was encompassed in such agreement." The language of Crim.R. 12(H) supports appellant in that the rule specifically states that "[t]he plea of no contest does not preclude a defendant from asserting upon appeal that the trial court prejudicially erred in ruling on a pretrial motion * * *." Nowhere in the rule or elsewhere is there a distinction made between negotiated pleas of no contest and non-negotiated no contest pleas. Nevertheless, the court below created this distinction, apparently on its own authority.
The court below may have believed that the state was not getting the benefit of its bargain if appellant were allowed to pursue his appeal on the speedy trial question, by stating that "[d]efendant [appellant] should be held to his bargain. * * * " Appellant, however, asserts that preserving his right to appeal was part of the original bargain and that the state was well aware of his intention to appeal. 1 The error assigned below went to the merits of appellant's speedy trial claim. The court reached out and sua sponte decided that appellant had waived his right to appeal the speedy trial issue.
On reconsideration the court stated that the record "does not reflect any agreement by the State that the defendant would have the right to appeal * * * but merely reflects the defendant's intention to do so * * *." The court of appeals seemed to presume waiver in the context of negotiated no contest pleas while the import of Crim.R. 12(H) is to preserve, not waive, the right to appeal pretrial rulings. The court in effect renegotiated the...
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...trial court prejudicially erred in ruling on a pretrial motion, including a pretrial motion to suppress evidence”); State v. Luna, 2 Ohio St.3d 57, 442 N.E.2d 1284 (1982).In Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975), the Supreme Court carved out an exception to......
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