STATE v. SMITH

No. 92649.

2010 Ohio 154

State of Ohio, Plaintiff-Appellee, v. Charles Smith, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: January 21, 2010.


Attorney(s) appearing for the Case

Steve W. Canfil, 1370 Ontario Street, Standard Building, Suite 2000, Cleveland, Ohio 44113, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Kristin Karkutt, Assistant Prosecuting Attorney, The Justice Center — 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Kilbane, P.J., McMonagle, J., and Boyle, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, P.J.:

{¶ 1} Appellant, Charles Smith ("Smith"), appeals his felonious assault conviction with a repeat violent offender specification. He argues that the trial court failed to conduct a hearing to determine his competency to stand trial before it accepted his guilty plea. After careful review of the record and law, we agree.

{¶ 2} Without first determining these critical...

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