holding that the defendant’s guilty plea waived alleged defects in the indictment
How later courts described this case
- holding that the defendant’s guilty plea waived alleged defects in the indictment
Written by the judges who cited it.
The opinion
Painter, J.,
dissenting.
{¶ 36} I fail to understand how a defendant can plead guilty to an indictment that does not charge an offense and thereby magically convert the non-offense into an offense. Of course, the Ohio Supreme Court, having authored both
Colon I
and
Colon II,
is obviously even more confused than I am. Round and round and round it goes; where it stops nobody knows.
{¶ 37} Simply structuring the indictments properly would avoid this problem. But that seems to the state too easy an answer — or maybe too hard.