[Cite as State v. Dotson, 2017-Ohio-918.]

IN THE COURT OF APPEALS 

FIRST APPELLATE DISTRICT OF OHIO 

HAMILTON COUNTY, OHIO 

STATE OF OHIO, 

 Plaintiff-Appellee, 

 vs. 

ANTHONY DOTSON, 

 Defendant-Appellant. 

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APPEAL NO. C-160324 

TRIAL NO. B-1503232 

 O P I N I O N.

 

Criminal Appeal From: Hamilton County Court of Common Pleas 

 

Judgment Appealed From Is: Reversed and Cause Remanded 

Date of Judgment Entry on Appeal: March 15, 2017 

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Melynda J. Machol, 

Assistant Prosecuting Attorney, for Plaintiff-Appellee, 

Raymond T. Faller, Hamilton County Public Defender, and Joshua A. Thompson, 

Assistant Public Defender, for Defendant-Appellant. 
OHIO FIRST DISTRICT COURT OF APPEALS 

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MYERS, Judge. 

{¶1} Defendant-appellant Anthony Dotson has appealed from the trial 

court’s entry convicting him of five drug-related offenses. 

{¶2} In two assignments of error, he argues that the trial court erred in 

denying his motion to suppress and that the trial court erred in refusing to accept his 

no-contest plea. Because the trial court rejected Dotson’s plea based on its blanket 

policy of refusing to accept no-contest pleas, we reverse the trial court’s judgment 

and remand with instructions for the court to consider Dotson’s proffered plea. 

Factual Background 

{¶3} On June 13, 2015, Dotson was stopped in a shopping-center parking 

lot by Hamilton County sheriff’s deputies who were responding to a call regarding a 

suspicious male in the parking lot. The deputies searched Dotson and found a knife 

and a straw on his person. A search of Dotson’s car led to the discovery of drugs and 

drug paraphernalia. 

{¶4} Dotson was indicted on five drug-related offenses. He filed a motion 

to suppress any evidence found during the search of his person. The trial court 

denied the motion. During a subsequent hearing on November 9, 2015, Dotson 

asked the trial court to accept a no-contest plea. The court refused, stating, “I don’t 

take no contest pleas in here. You know that. I talked to you about that outside.” 

The matter was then scheduled for a bench trial. 

{¶5} The parties returned to court for the trial on February 4, 2016. That 

same date, Dotson filed a no-contest plea to all charges and submitted it to the court 

for consideration. The trial court responded, “Okay. The Court does not accept—this 
OHIO FIRST DISTRICT COURT OF APPEALS 

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Court does not accept no contest pleas, as you are aware. So I will not accept this. I 

will accept a guilty or not guilty plea from you.” Dotson pled not guilty, and the 

matter proceeded to trial. The court found Dotson guilty as charged and sentenced 

him to a three-year period of community control, ordered him to complete the 

Northland program and aftercare, ordered him to maintain full-time employment, 

and imposed court costs. 

Blanket Rejection of a No-Contest Plea 

{¶6} Because Dotson’s second assignment of error is dispositive of this 

appeal, we consider it first. In his second assignment of error, Dotson argues that 

the trial court erred by refusing to accept his no-contest plea. 

{¶7} A trial court has broad discretion to accept or reject a no-contest plea. 

State v. Beasley, 2016-Ohio-1603, 49 N.E.3d 378, ¶ 8 (1st Dist.); State v. Jenkins, 15 

Ohio St.3d 164, 222-223, 473 N.E.2d 264 (1984). An abuse of discretion “connotes 

more than an error of law or of judgment; it implies an unreasonable, arbitrary or 

unconscionable attitude on the part of the court.” Pembaur v. Leis, 1 Ohio St.3d 89, 

91, 437 N.E.2d 1199 (1982). However, a trial court must exercise its discretion by 

considering the facts and circumstances of each case before making a decision to 

accept or reject a plea. Beasley at ¶ 8. 

{¶8} As we recently stated in Beasley, a trial court abuses its discretion 

when it rejects a proffered plea of no contest based on a blanket policy of refusing to 

accept no-contest pleas. Id. at ¶ 12; see State v. Carter, 124 Ohio App.3d 423, 428, 

706 N.E.2d 409 (2d Dist.1997); State v. Williams, 8th Dist. Cuyahoga No. 104202, 

2016-Ohio-7782, ¶ 12; State v. Graves, 10th Dist. Franklin No. 98AP-272, 1998 WL 

808356, *4 (Nov. 19, 1998). When a court rejects a plea on the basis of a fixed policy 
OHIO FIRST DISTRICT COURT OF APPEALS 

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that “affects all defendants regardless of their situation,” it fails to consider the facts 

and circumstances of the case before it. Carter at 428. 

{¶9} The trial court twice told Dotson that it does not accept no-contest 

pleas, and the record is clear that it rejected Dotson’s plea solely based on its blanket 

policy of refusing to accept no-contest pleas. The state argues that Dotson failed to 

object to the trial court’s rejection of his no-contest plea, and that he has 

consequently forfeited his right to raise the issue on appeal. We are not persuaded. 

Dotson asked the court, on the record, to accept a no-contest plea on two separate 

occasions, and he filed a no-contest plea with the court. This case is distinguishable 

from Beasley, where we concluded that the appellant had forfeited the right to raise 

on appeal the trial court’s blanket rejection of a no-contest plea, because the court 

had rejected the no-contest plea in its chambers and off the record and because the 

appellant had never attempted to plead no contest. Beasley at ¶ 12-13. We find that 

Dotson took sufficient steps to preserve this issue for appellate review. 

{¶10} We hold that the trial court abused its discretion by failing to consider 

Dotson’s proffered no-contest plea and by rejecting the plea based on a blanket 

policy of not accepting pleas of no contest. We sustain the second assignment of 

error. 

{¶11} We decline to address Dotson’s first assignment of error, in which he 

challenges the trial court’s denial of his motion to suppress, because our resolution of 

the second assignment of error has rendered it moot. 

{¶12} The judgment of the trial court is reversed, and this cause is remanded 

with instructions for the trial court to consider Dotson’s proffered no-contest plea. 

Judgment reversed and cause remanded. 
OHIO FIRST DISTRICT COURT OF APPEALS 

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MOCK, P.J., and CUNNINGHAM, J., concur. 

Please note: 

 The court has recorded its own entry on the date of the release of this opinion.