[Cite as State v. Hollowell, 2014-Ohio-2407.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100674
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
MARQUIS HOLLOWELL
DEFENDANT-APPELLANT
JUDGMENT:
REVERSED AND REMANDED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-13-575538-A
BEFORE: Stewart, J., Boyle, A.J., and Blackmon, J.
RELEASED AND JOURNALIZED: June 5, 2014
ATTORNEYS FOR APPELLANT
Robert L. Tobik
Cuyahoga County Public Defender
BY: Jeffrey Gamso
Assistant County Public Defender
310 Lakeside Avenue, Suite 200
Cleveland, OH 44113
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: Katherine Mullin
Assistant County Prosecutor
The Justice Center
1200 Ontario Street, 8th Floor
Cleveland, OH 44113
MELODY J. STEWART, J.:
{¶1} Defendant-appellant Marquis Hollowell pleaded guilty to a single count of
felonious assault. In an issue that is dispositive of this appeal, he argues that the court
violated Crim.R. 11(C)(2) by failing to inform him during the plea colloquy that the state
was required to prove his guilt beyond a reasonable doubt.
{¶2} The state concedes the error and our review of the record substantiates the
error — the court did not inform Hollowell during the plea colloquy that the state had to
prove his guilt beyond a reasonable doubt as required by Crim.R. 11(C)(2). This is
reversible error. See State v. Veney, 120 Ohio St.3d 176, 2008-Ohio-5200, 897 N.E.2d
621, syllabus; State v. Woods, 192 Ohio App.3d 494, 2011-Ohio-727, 949 N.E.2d 574, ¶
40-41 (8th Dist.) The first assignment of error is sustained. Consequently, the second
assignment of error relating to a sentencing error is moot.
{¶3} This cause is reversed and remanded to the trial court for further proceedings
consistent with this opinion.
It is ordered that appellant recover of appellee his costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga
County Court of Common Pleas to carry this judgment into execution. A certified
copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of
Appellate Procedure.
________________________________________
MELODY J. STEWART, JUDGE
MARY J. BOYLE, A.J., and
PATRICIA ANN BLACKMON, J., CONCUR