COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 84469
 
 
STATE OF OHIO                     :
                                  :
     Plaintiff-Appellee           :    JOURNAL ENTRY
                                  :
      -VS-                        :         AND
                                  :
NICHOLAS GOSS                     :       OPINION
                                  :
     Defendant-Appellant          :
 
 
Date of Announcement
  of Decision:                    MARCH 3, 2005
 
Character of Proceeding:          Criminal appeal from
                                  Court of Common Pleas
                                  Case No. CR-442093
 
 
Judgment:                         Reversed and remanded.
 
Date of Journalization:
 
Appearances:
 
For Plaintiff-Appellee:           WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  CHRIS WAGNER, Assistant
                                  Prosecuting Attorney
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
For Defendant-Appellant:          LYNN D. LORITTS, ESQ.
                                  Standard Building, #1328
                                  1370 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
 
 
JAMES J. SWEENEY, P.J.:
 
     Defendant-appellant Nicholas Goss ("defendant") appeals from
 
his convictions for trafficking in marijuana and possession of
 
criminal tools. For the following reasons, we reverse and remand.
 
     In his sole assignment of error defendant contends:
 
     "I. Appellant did not knowingly voluntarily and intelligently
 
waive his right to counsel which violated his rights under the VI
 
Amendment of the United States Constitution."
 
     The State concedes the error based on the authority of State
 
v. Martin, 103 Ohio St.3d 385, 2004-Ohio-5471. We have reviewed
 
the record and find this assignment of error has merit. The trial
 
court did not substantially comply with Crim.R. 44(A) when it
 
addressed defendant's waiver of his right to counsel. Id.
 
Therefore, defendant's sole assignment of error is sustained.
 
     Judgment reversed and remanded.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                  -3-
 
     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 Court of Common Pleas to carry this judgment into
 
execution.
 
     A certified copy of this entry shall constitute the mandate
 
pursuant to Rule 27 of the Rules of Appellate Procedure.
 
 
KENNETH A. ROCCO, J., and
MICHAEL J. CORRIGAN, J., CONCUR.
 
 
 
 
                                         JAMES J. SWEENEY
                                         PRESIDING 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. 22. 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 journalization of this court's
announcement of decision by the clerk per App.R. 22(E). See, also,
S.Ct.Prac.R. 112, Section 2(A)(1).
 
.