Opinion
No. 38696
Decided February 24, 1965.
Criminal law — Plea of guilty — Accused not represented by counsel — Right to counsel not explained — Counsel not waived — Judgment of conviction reversed.
APPEAL from the Court of Appeals for Cuyahoga County.
The defendant, William A. Green, was indicted on a charge of rape. Upon arraignment he was asked whether he had counsel, to which he answered "no." He was then asked how he pleaded, and he answered "guilty." There was no appointment of counsel to represent defendant. After his plea of guilty, he was referred to the psychiatric clinic and found to be mentally ill. He was sentenced to the penitentiary, the sentence was suspended, he was ordered committed to the Lima State Hospital and, later, he was sent to the penitentiary where he is now incarcerated.
The Court of Appeals overruled defendant's motion for leave to appeal. The allowance by this court of defendant's motion for leave to appeal brings the cause here for review.
Mr. John T. Corrigan, prosecuting attorney, and Mrs. Gertrude B. Mahon, for appellee.
Mr. Gerald S. Gold, for appellant.
Defendant contends that he was denied his constitutional rights in that he was not represented by counsel and did not have his right to counsel explained to him.
It appearing that defendant did not have counsel, that his right to counsel was not explained to him, and that he did not waive his right to counsel, the judgment of the Court of Appeals is reversed on authority of Johnson v. Maxwell, Warden, 177 Ohio St. 72, and the cause is remanded to the Common Pleas Court for further proceedings.
Judgment reversed and cause remanded.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.