Michael Gagnon's Appeal

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					[Cite as State v. Gagnon, 2009-Ohio-5185.]

                                                                                                                        2009-11-25




                                  IN THE COURT OF APPEALS OF OHIO
                                      SIXTH APPELLATE DISTRICT
                                           LUCAS COUNTY


State of Ohio                                                          Court of Appeals No. L-08-1235

          Appellee                                                     Trial Court No. CR08-1056

v.

Michael Gagnon                                                         DECISION AND JUDGMENT

          Appellant                                                    Decided: September 30, 2009

                                                           *****

          Julia R. Bates, Lucas County Prosecuting Attorney, and
          Evy M. Jarrett, Assistant Prosecuting Attorney, for appellee.

          William F. Oswall, Jr. and Stephan D. Madden, for appellant.

                                                           *****

SINGER, J.

          {¶ 1} Appellant, Michael Gagnon, appeals from his convictions following his no

contest pleas in the Lucas County Court of Common Pleas for five counts of aggravated

vehicular homicide and two counts of aggravated vehicular assault. Appellant was

sentenced to 43 years in prison. For the reasons that follow, we affirm.


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                                                                                                                        2009-11-25
          {¶ 2} Appellant asserts six assignments of error for our consideration:

          {¶ 3} "I. Defendant-appellant's conviction must be reversed where the

indictment was defective as to all counts to which defendant-appellant pled no contest.

          {¶ 4} "II. Defendant-appellant's conviction must be reversed because the trial

court failed to substantially comply with the requirements of Criminal Rule 11 when it

accepted the defendant-appellant's plea of no contest.

          {¶ 5} "III. The defendant-appellant suffered prejudicial, ineffective assistance of

counsel when counsel failed to notify defendant-appellant of the mens rea of each offense

in the indictment.

          {¶ 6} "IV. The trial court violated defendant-appellant's rights to equal protection

and due process of law under the Fifth and Fourteenth Amendments to the U.S.

Constitution and under Sections 2, 10 and 16, Article I of the Ohio Constitution when it

sentenced him contrary to R.C. 2929.11(B).

          {¶ 7} "V. The trial court erred when it imposed consecutive sentences.

          {¶ 8} "VI. The trial court erred by failing to notify the defendant-appellant of his

right to appeal pursuant to Criminal Rule 32(B)(2)."

          {¶ 9} Appellant's first three assignments of error will be addressed together as

they all three involve the definition of a strict liability offense. In his first assignment of

error, appellant contends that his indictment was defective for failing to specify the

requisite mens rea for the offenses charged. In his second assignment of error, appellant

contends that his no contest pleas were not voluntary, knowing or intelligent due to his


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www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news;
and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested
2.
readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made
against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.
                                                                                                                        2009-11-25
defective indictment. In his third assignment of error, appellant contends that his counsel

was ineffective in failing to advise him as to the applicable mens rea elements.

          {¶ 10} In State v. Colon, 118 Ohio St.3d 26, 2008-O
				
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