State v. Smith ( 2019 )


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  • [Cite as State v. Smith, 2019-Ohio-3225.]
    IN THE COURT OF APPEALS
    TWELFTH APPELLATE DISTRICT OF OHIO
    BUTLER COUNTY
    STATE OF OHIO,                                   :
    Appellee,                                 :      CASE NO. CA2018-11-225
    :             OPINION
    - vs -                                                      8/12/2019
    :
    MICHELLE C. SMITH,                               :
    Appellant.                                :
    CRIMINAL APPEAL FROM HAMILTON MUNICIPAL COURT
    Case No. 18CRB03232
    Neal D. Schuett, City of Hamilton Prosecuting Attorney, 345 High Street, Hamilton, Ohio
    45011, for appellee
    Engel & Martin, LLC, Mary K. Martin, 4660 Duke Drive, Suite 101, Mason, Ohio 45040, for
    appellant
    PIPER, J.
    {¶ 1} Appellant, Michelle Smith, appeals a decision of the Hamilton Municipal Court
    finding her in contempt.
    {¶ 2} Smith used her cell phone to record proceedings in the Hamilton Municipal
    Court, which is a violation of the court's local rules. The court found Smith in contempt after
    she pled no contest, and ordered her to serve four days in jail. The court also imposed a fine
    and two years of nonreporting community control. Smith now appeals the municipal court's
    Butler CA2018-11-225
    decision, raising the following assignments of error.
    {¶ 3} Assignment of Error No. 1:
    {¶ 4} APPELLANT'S DUE PROCESS RIGHTS WERE VIOLATED AND THUS HER
    PLEA WAS UNCONSTITUTIONAL.
    {¶ 5} Smith argues in her first assignment of error that her plea was invalid.
    {¶ 6} According to Crim.R. 11(E), "in misdemeanor cases involving petty offenses the
    court may refuse to accept a plea of guilty or no contest, and shall not accept such plea
    without first informing the defendant of the effect of the pleas of guilty, no contest, and not
    guilty."
    {¶ 7} Before Smith pled no contest, the municipal court explained the effect of her
    plea. "Ms. Smith, if you plead No Contest that means you're admitting the facts that is [sic]
    set forth in the complaint. A lot of times when people plead No Contest[,] you know, they are
    found to be Guilty. Do you understand that?" The court then went forward to address the
    facts and that Smith used her cell phone during court proceedings, which was a violation of
    Loc.R. 23. The court then continued, "One video on the phone. If you plead No Contest you
    would be admitting those facts. Did you understand that?" Smith answered that she did
    understand and did not object to the facts as read or to the municipal court's explanation of
    the effect of her plea.
    {¶ 8} The municipal court went on to explain the sentence it would impose, including
    four days in jail, a fine, and two years of nonreporting community control. Smith indicated
    that she understood the punishment she would receive upon her plea. Smith further
    confirmed that she wished to move forward with her plea after the court asked if she wanted
    to "go ahead today" with the plea.
    {¶ 9} The record indicates that the municipal court complied fully with Crim.R. 11(E)
    by explaining the effect of Smith's no contest plea. As such, Smith's first assignment of error
    -2-
    Butler CA2018-11-225
    is overruled.
    {¶ 10} Assignment of Error No. 2:
    {¶ 11} THE TRIAL COURT ABUSED ITS DISCRETION IN FINDING APPELLANT IN
    CONTEMPT.
    {¶ 12} Smith argues in her second assignment of error that the trial court erred in
    finding her in contempt.
    {¶ 13} Smith was charged with indirect contempt according to R.C. 2705.02 for
    disobedience of a court rule. The municipal court's Loc.R. 23, provides that "the use of any
    cell phone, computer, electronic devices or other personal communication device is
    prohibited in the Courtroom * * *."
    {¶ 14} "Because the purpose of contempt proceedings is to uphold the dignity and
    authority of the courts, great deference is given to the judgment of the trial judge."
    Denovchek v. Bd. of Trumbull Cty. Commrs., 
    36 Ohio St. 3d 14
    , 15 (1988). Accordingly, the
    determination of what constitutes contempt of court is within the sound discretion of the trial
    court, and will not be reversed absent an abuse of the court's discretion. 
    Id. Abuse of
    discretion connotes more than an error of law or judgment; it implies that the court's attitude
    is unreasonable, arbitrary, or unconscionable. State v. Barnes, 12th Dist. Brown No.
    CA2010-06-009, 2011-Ohio-5226.
    {¶ 15} According to the record, specifically Smith's admission to the facts, she used
    her cell phone to videotape proceedings in the municipal court. As such, there is no doubt
    that she violated Loc.R. 23 and the court did not abuse its discretion by finding Smith in
    contempt. As such, Smith's second assignment of error is overruled.
    {¶ 16} Judgment affirmed.
    S. POWELL, P.J., and M. POWELL, J., concur.
    -3-
    

Document Info

Docket Number: CA2018-11-225

Judges: Piper

Filed Date: 8/12/2019

Precedential Status: Precedential

Modified Date: 8/12/2019