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STATE v. FUTURE

No. 96997.

2012 Ohio 2300

STATE OF OHIO, PLAINTIFF-APPELLEE, v. DARWIN FUTURE, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: May 24, 2012.

Attorney(s) appearing for the Case

Robert L. Tobik, Cuyahoga County Public Defender, BY: John T. Martin, Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, Attorneys for Appellant.

William D. Mason, Cuyahoga County Prosecutor, BY: Katherine Mullin, Assistant Prosecuting Attorney, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Celebrezze, P.J., Cooney, J., and E. Gallagher, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., P.J.

{¶1} Appellant, Darwin Future, alleges that

the trial court's plea colloquy was constitutionally inadequate when it failed to advise appellant that his right against self-incrimination included a constitutional protection against any adverse comment being made about, or adverse inference drawn from, the exercise of his right not to testify at trial.

However, because...

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