COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 59637 : : CITY OF CLEVELAND : : Plaintiff-Appellee : : -vs- : JOURNAL ENTRY : AND FATE E. HARRIS, JR. : OPINION : Defendant-Appellant : : : : DATE OF ANNOUNCEMENT OF DECISION: DECEMBER 12, 1991 CHARACTER OF PROCEEDING: Criminal appeal from Cleveland Municipal Court Case No. 90-TRC-003636 JUDGMENT: REVERSED AND REMANDED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: MARK McCLAIN, Cleveland DAVID L. DOUGHTEN City Prosecutor Standard Bldg., Suite 2000 Justice Center, 8th Floor 1370 Ontario Street 1200 Ontario Street Cleveland, Ohio 44113 Cleveland, Ohio 44113 -2- J. F. CORRIGAN, J.: Appellant, Fate E. Harris, Jr., appeals from his convictions for various traffic offenses in the City of Cleveland. For the reasons set forth below, we reverse. I. On January 24, 1990, appellant was issued the following citations by the Cleveland Police Department: failure to control vehicle in violation of Cleveland Codified Ordinances Section 431.34; leaving the scene of an accident in violation of Cleve- land Codified Ordinances Section 435.17; driving while under the influence of drugs or alcohol in violation of Cleveland Codified Ordinances Section 433.01(A); and driving while under suspension in violation of Cleveland Codified Ordinances Section 435.07. Appellant, unrepresented by counsel at the time, pled not guilty on January 24, 1990, but his plea was changed to no contest on March 16, 1990. Appellant was found guilty as charged. This appeal timely follows. II. For his assignment of error appellant contends that the trial court erred in entering a plea of no contest on his behalf where he was not represented by counsel and not advised of his rights pursuant to Crim. R. 11. Appellee, the City of Cleveland, has failed to file a brief for this case. Therefore, we presume the facts stated in appel- lant's brief to be correct. App. R. 18(C). -3- A thorough review of the record reveals that appellant was not advised of his rights under Crim. R. 11 before his plea of no contest was submitted. The record is not even clear as to how the plea was entered. Crim. R. 11(E) requires that in misde- meanor cases the record must affirmatively demonstrate that a plea of no contest was entered voluntarily, knowingly, and intelligently. State v. Joseph (1988), 44 Ohio App. 3d 212; State v. Orr (11985), 26 Ohio App. 3d 24. Furthermore, this court has held that Crim. R. 11(E) requires that a meaningful dialogue between the court and the defendant is required whenever the possibility of incarceration exists. Garfield Heights v. Brewer (1984), 17 Ohio App. 3d 216. The record is devoid of any material demonstrating the trial court's adherence to the mandates of Crim. R. 11. Therefore, we find that appellant's assignment of error is well taken. Judgment reversed. This case is remanded for further proceedings consistent with this opinion. -4- It is ordered that appellant recover of appellee his 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 Cleveland Municipal Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rule of Appellate Procedure. DAVID T. MATIA, P.J., and JAMES D. SWEENEY, J., CONCUR ______________________________ JUDGE JOHN F. CORRIGAN N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .