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State v. Burgin

2026-07-23

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[Cite as State v. Burgin, 2026-Ohio-2826.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 115947

v. :

TREVON BURGIN, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: VACATED AND REMANDED

RELEASED AND JOURNALIZED: July 23, 2026

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-24-695723-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting

Attorney, and Michael Stechschulte, Assistant

Prosecuting Attorney, for appellee.

Eric M. Levy, for appellant.

EMANUELLA D. GROVES, J.:

Defendant-appellant Trevon Burgin (“Burgin”) appeals his

convictions, claiming that they must be vacated since the trial court did not make

certain mandatory advisements when he entered his guilty pleas. The State

concedes that the trial court erred when it accepted Burgin’s guilty pleas without advising him of his constitutional rights. Upon review, we vacate Burgin’s

convictions and remand the matter for further proceedings.

I. Facts and Procedural History

In October 2024, Burgin was indicted in an eight-count indictment

for offenses that occurred between August and September 2024 and involved

several victims. Counts 1 through 4 charged Burgin with felonious assault, seconddegree felonies. Counts 5 and 8 charged him with discharging a firearm on or near

prohibited premises, a first-degree felony and fourth-degree misdemeanor,

respectively. Count 6 charged Burgin with improperly handling firearms in a motor

vehicle, a fourth-degree felony. Count 7 charged him with having weapons while

under disability, a third-degree felony, and included a forfeiture-of-a-weapon

specification. Counts 1 through 5 also included one-, three-, and five-year firearm

specifications while Count 6 carried one- and three-year firearm specifications.

Burgin pleaded not guilty to the indictment.

Burgin later retracted his former not-guilty pleas and entered into a

plea agreement, whereby Count 1 of the indictment was amended by deletion of the

one- and three-year firearm specifications and Counts 3, 4, and 5 were amended by

deletion of all firearms specifications. Burgin pleaded guilty to amended Counts 1

(felonious assault with a five-year firearm specification), 3 and 4 (felonious assault),

and 5 (discharging a firearm on or near prohibited premises). Burgin also pleaded

guilty to Count 8 (discharging a firearm on or near prohibited premises) as charged

in the indictment. Counts 2, 6, and 7 were nolled. As part of the plea agreement, the parties agreed to recommend that the trial court impose an eight-year prison

sentence.

During the plea hearing, the trial court engaged in a plea colloquy

with Burgin and discussed the maximum penalties associated with each count, postrelease control, and the Reagan Tokes Act. However, the trial court did not inform

Burgin — or determine whether he understood — that by pleading guilty he was

waiving his rights to a jury trial, to confront witnesses against him, to compulsory

process for obtaining witnesses in his favor, and to require the State to prove his

guilt beyond a reasonable doubt at a trial at which he could not be compelled to

testify against himself. The trial court accepted Burgin’s guilty pleas and later

sentenced him to an aggregate minimum prison term of 19 years and a maximum

prison term of 24.5 years.

Burgin appeals, raising two assignments of error for review.

Assignment of Error No. 1

The trial court committed reversible error and violated [Burgin’s] due

process rights when it accepted a guilty plea without advising him of

his constitutional rights as required by Crim.R. 11(C)(2)(c).

Assignment of Error No. 2

The trial court committed reversible error and violated [Burgin’s] due

process rights when it accepted a guilty plea with an agreed

recommended prison sentence of eight years and failed to advise

[Burgin] that the trial court did not have to follow the agreed sentence

at the sentencing hearing.

The State filed a notice of conceded error pertaining to Burgin’s first

assignment of error. Since this challenge is dispositive, we need not address

Burgin’s second assignment of error.

II. Law and Analysis

In his first assignment of error, Burgin claims that his guilty pleas

were not entered knowingly, intelligently, and voluntarily because the trial court

completely failed to inform him of any of his constitutional rights. The State agrees

that the trial court did not advise Burgin of his constitutional rights and concedes

that Burgin’s first assignment of error should be sustained. Both parties also agree

that Burgin’s convictions should be vacated and the matter should be remanded to

the trial court for further proceedings.

As an initial matter we note that “[w]hen a party concedes an error

that is dispositive of the appeal, this court conducts its own review of the record to

determine whether the concession accurately reflects settled law based on the record

presented for review.” State v. Green, 2024-Ohio-2174, ¶ 1 (8th Dist.), citing State

v. Forbes, 2022-Ohio-2871, ¶ 2 (8th Dist.), Cleveland v. Patterson, 2020-Ohio1628, ¶ 6 (8th Dist.), and Loc.App.R. 16(B). With that standard of review in mind,

we turn to the merits of Burgin’s first assignment of error.

A defendant’s plea must be entered knowingly, intelligently, and

voluntarily for the plea to be constitutional under the United States and Ohio

Constitutions. State v. Engle, 74 Ohio St.3d 525, 527 (1996). “Ohio Crim.R. 11(C)

was adopted in order to facilitate a more accurate determination of the voluntariness of a defendant’s plea by ensuring an adequate record for review.” State v. Nero, 56

Ohio St.3d 106, 107 (1990). The purpose of Crim.R. 11(C) is to require the trial court

to convey certain information to a defendant so that they can make a voluntary and

intelligent decision regarding whether to plead guilty or no contest. State v. Poage,

2022-Ohio-467, ¶ 9 (8th Dist.), citing State v. Ballard, 66 Ohio St.2d 473, 479-480

(1981). Under Crim.R. 11(C)(2), a trial court shall not accept a guilty plea in a felony

case without first addressing the defendant personally and doing all the following:

(a) Determining that the defendant is making the plea voluntarily, with

understanding of the nature of the charges and of the maximum

penalty involved, and, if applicable, that the defendant is not eligible

for probation or for the imposition of community-control sanctions at

the sentencing hearing.

(b) Informing the defendant of and determining that the defendant

understands the effect of the plea of guilty . . . and that the court, upon

acceptance of the plea, may proceed with judgment and sentence.

(c) Informing the defendant and determining that the defendant

understands that by the plea the defendant is waiving the rights to jury

trial, to confront witnesses against him or her, to have compulsory

process for obtaining witnesses in the defendant’s favor, and to require

the state to prove the defendant’s guilt beyond a reasonable doubt at a

trial at which the defendant cannot be compelled to testify against

himself or herself.

To determine whether a guilty plea was entered knowingly,

intelligently, and voluntarily, an appellate court conducts a de novo review of the

record and examines the totality of the circumstances to determine whether the trial

court complied with the rule and adequately advised the defendant of their

constitutional and nonconstitutional rights. State v. Spock, 2014-Ohio-606, ¶ 7, 9

(8th Dist.). “When a criminal defendant seeks to have his conviction reversed on appeal, the traditional rule is that he must establish that an error occurred in the

trial court proceedings and that he was prejudiced by that error.” State v. Dangler,

2020-Ohio-2765, ¶ 13, citing State v. Perry, 2004-Ohio-297, ¶ 14-15, and State v.

Stewart, 51 Ohio St.2d 86, 93 (1977); Crim.R. 52. However, a limited exception

exists when the trial court fails to explain the constitutional rights waived by the

defendant when pleading guilty as outlined in Crim.R. 11(C)(2)(c). Id. at ¶ 14, citing

State v. Clark, 2008-Ohio-3748, ¶ 31, and State v. Veney, 2008-Ohio-5200,

syllabus. A trial court’s complete failure to comply with a portion of Crim.R. 11(C)

also eliminates the defendant’s burden to show prejudice. Id. at ¶ 15, citing State v.

Sarkozy, 2008-Ohio-509, ¶ 22.

Here, the trial court did not mention or explain any of the

constitutional rights enumerated in Crim.R. 11(C)(2)(c) during Burgin’s plea

hearing. Indeed, the trial court did not inform Burgin of his rights to a jury trial, to

confront witnesses against him, to compulsory process for obtaining witnesses in his

favor, and to require the State to prove his guilt beyond a reasonable doubt at a trial

at which he could not be compelled to testify against himself. Nor did the trial court

determine whether Burgin understood that by pleading guilty he was waiving those

rights. Since the trial court did not comply with Crim.R. 11(C)(2)(c), Burgin need

not show that he was prejudiced by the error; his pleas could not have been

knowingly, intelligently, and voluntarily entered in light of the trial court’s omission.

Accordingly, Burgin’s first assignment of error is sustained, and his second

assignment of error is moot.

Judgment vacated and case remanded to the trial court for further

proceedings consistent with this opinion.

It is ordered that appellant recover from appellee 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

common pleas court to carry this judgment into execution. Case remanded to the

trial court for further proceedings consistent with this opinion.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

EMANUELLA D. GROVES, JUDGE

LISA B. FORBES, P.J., and

KATHLEEN ANN KEOUGH, J., CONCUR