COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 70997 : ACCELERATED DOCKET STATE OF OHIO : : JOURNAL ENTRY Plaintiff-Appellee : : and -vs- : : OPINION : HOWARD SHEPHERD : PER CURIAM : Defendant-Appellant : : DATE OF ANNOUNCEMENT APRIL 3, 1997 OF DECISION: CHARACTER OF PROCEEDING: Criminal appeal from Common Pleas Court Case No. CR-273567 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: __________________________ APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: STEPHANIE TUBBS-JONES, ESQ. JOHN REULBACH, ESQ. Cuyahoga County Prosecutor 14701 Detroit Avenue 8th Floor Justice Center Suite 575 1200 Ontario Street Lakewood, Ohio 44107 Cleveland, Ohio 44113 -2- PER CURIAM: This appeal was filed, briefed, and argued as an accelerated appeal pursuant to Local R. 25 of this court. Howard Shepherd, defendant-appellant, timely appeals the trial court's decision finding him guilty of rape upon his plea of guilty. Shepherd assigns the following error for our review: THE TRIAL COURT FAILED TO COMPLY WITH CRIMINAL RULE 11 IN ASCERTAINING WHETHER THE APPELLANT'S PLEA WAS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY MADE BY FAILING TO ADEQUATELY DETERMINE WHETHER THE APPELLANT WAS UNDER THE INFLUENCE OF DRUGS AT THE TIME OF SAID PLEA. Shepherd's brief contains no citations to any authority or any part of the record. App.R.12(A)(2) provides the court may disregard an assignment of error if the party raising it fails to identify in the record the error on which the assignment of error is based or fails to argue the assignment separately in the brief, as required under App.R. 16(A). Under App.R. 16(A)(7), an appel- late brief must contain, among other things, an argument containing the contentions of the appellant with respect to each assignment of error presented for review and the reasons in support of the contentions, with citations to the authorities, statutes, and parts of the record on which appellant relies. Consequently, we may disregard his assigned error under App.R. 12(A)(2). However, in the interest of justice, we have reviewed the entire record including the transcript of the plea hearing, and we conclude the trial court complied with Crim.R. 11 in accepting -3- Shepherd's guilty plea. Before accepting his plea, the trial court asked Shepherd the following: THE COURT: So you haven't had any drugs or alcohol recently; is that correct? SHEPHERD: Right. (Tr. 10) Shepherd has attached handwritten progress notes ostensibly from the Cuyahoga County Jail. The notes, which contain no authen- ticating information, refer to the administration of Thorazine on August 1, 1992, August 3, 1992 and on August 17, 1992. On the day of the plea hearing, Shepherd denied any recent drug use. At most, the progress notes show that Shepherd was given Thorazine over a week prior to his plea hearing. They do not show that Shepherd was under the influence of drugs on August 11, 1992. In light of Shepherd's statement indicating he had not taken any drugs recently and without evidence to the contrary, we find the trial court properly accepted Shepherd's plea of guilty. Shepherd's assignment of error is overruled. Judgment affirmed. -4- It is ordered that Appellee recover of Appellant its 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. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. PATRICIA ANN BLACKMON, PRESIDING J. JAMES M. PORTER, JUDGE JOHN T. PATTON, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the .