State v. Skodny
CourtOhio Court of Appeals
Date FiledNovember 3, 2026
Docket26 CAA 04 0031
JudgeGormley
StatusPublished
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Full Opinion
[Cite as State v. Skodny, 2026-Ohio-4356.]
IN THE OHIO COURT OF APPEALS
FIFTH APPELLATE DISTRICT
DELAWARE COUNTY, OHIO
STATE OF OHIO, Case No. 26 CAA 04 0031
Plaintiff - Appellee Opinion & Judgment Entry
-vs- Appeal from the Court of Common Pleas
of Delaware County, Case No. 25 CR I 07
DANIEL LOUIS SKODNY, 0465
Defendant - Appellant Judgment: Affirmed
Date of Judgment: November 3, 2026
BEFORE: William B. Hoffman, Kevin W. Popham, and David M. Gormley, Judges
APPEARANCES: Melissa A. Schiffel (Delaware County Prosecuting Attorney) and
Katheryn L. Munger (Assistant Prosecuting Attorney), Delaware, Ohio, for Plaintiff-
Appellee; Jonathan W. Klein, Powell, Ohio, for Defendant-Appellant.
Gormley, J.
{¶1} Appellant Daniel Skodny argues here that the trial court should not have
accepted his Alford plea to a criminal charge, given that the facts in the record, in Skodny’s
view, were insufficient to support a guilty finding on that charge. Because we conclude that
the trial court properly accepted Skodny’s plea, we affirm the judgment.
The Key Facts
{¶2} Skodny was facing an F2 aggravated-possession-of-drugs charge in the trial
court when he and the prosecution struck a deal: Skodny would enter an Alford plea to an F3
aggravated-possession-of-drugs charge, and the parties would jointly recommend that he be
sentenced to 24 months in prison on that reduced charge. Counsel for both parties as well as
Skodny himself then signed a five-page plea agreement in which he acknowledged that he
was making a “knowing, intelligent, and voluntary decision” to enter his Alford plea.
{¶3} At the plea-change hearing that followed, the trial judge explained to Skodny
all of his constitutional rights and the potential penalties that he faced if his plea were
accepted. Skodny waived each of those rights and acknowledged his understanding of the
potential penalties, telling the judge during the plea colloquy that he had no questions about
the reduced drug charge, about the effect of his plea, or about the other issues that they had
discussed. Skodny also told the judge that he was voluntarily entering his plea and that he
had not been subjected to any threats or received any promises in connection with it.
{¶4} As for Skodny’s choice to enter an Alford plea as opposed to a standard guilty
plea, he explained to the judge at the plea-change hearing that he was innocent and that he
had had no knowledge about the illegal drugs that law-enforcement officers had allegedly
found in his truck. The judge in turn confirmed that Skodny had talked with his attorney
about Alford pleas and how they differ from the typical guilty plea.
{¶5} When the judge asked Skodny why he was choosing to enter his plea despite
his claim of innocence, he explained that he faced a “significant amount of more time” if he
went to trial and was convicted on the original charge. When the judge indicated that Skodny
appeared to be entering his Alford plea because he was “seek[ing] a lesser penalty” than he
was likely to face after a trial on the original F2 charge, Skodny said, “yes, yes.”
{¶6} In addition, Skodny, during the plea-change hearing, acknowledged that he
understood that a prosecutor would momentarily explain the facts giving rise to the original
charge and understood, too, that he would likely be found guilty that day on the reduced
charge if the judge was convinced that the State’s case on the greater charge appeared to be
strong and if those facts at least supported a guilty finding on the lesser charge.
{¶7} When the judge asked at the plea-change hearing for a recitation of the facts
underlying the drug charge, a prosecutor explained that law-enforcement officers had found
more than 30 grams of methamphetamine in a truck driven by Skodny. One passenger had
been with Skodny at the time of the traffic stop and search, and that passenger, according to
the prosecutor’s explanation, had told law-enforcement officers at the scene that the two of
them had developed a plan to buy drugs in Columbus. When they were stopped in Delaware
County in the middle of the night, they were more than two hours from their homes, the
prosecutor said. As for any criminal charges against that passenger, the prosecutor told the
judge at Skodny’s plea-change hearing that the passenger had recently pled guilty to an F3
drug charge like the one to which Skodny himself was now entering a plea.
{¶8} Based on that factual explanation from the State as well Skodny’s own
assurances that he understood what he was doing and was voluntarily and intelligently
entering his plea, the judge accepted the Alford plea, made a finding of guilty on it, and
imposed the jointly recommended prison term on the reduced charge. Skodny now appeals.
The Trial Court Did Not Err by Accepting Skodny’s Alford Plea
{¶9} In his only assignment of error, Skodny argues that the trial court improperly
accepted his plea because the State, in his view, failed to provide a sufficient factual
explanation that would support a guilty finding.
{¶10} We review with fresh eyes Skodny’s assertion that the trial court improperly
accepted his Alford plea. State v. Cook, 2024-Ohio-4481, ¶ 9 (5th Dist.) (“When a defendant
contends a guilty plea is invalid because a court failed to comply with the Alford requirements,
this Court must undertake a de novo review”).
{¶11} The so-called Alford plea of course draws its name from the U.S. Supreme
Court’s decades-ago decision in North Carolina v. Alford, 400 U.S. 25 (1970). There, the court
explained that a defendant may “voluntarily, knowingly, and understandingly consent to the
imposition of a prison sentence” even if he or she is unwilling to admit participation in the
crime or even if he or she claims to be innocent, provided that the defendant “intelligently
concludes” that a guilty plea is in his or her best interest and provided, too, that “the record
before the judge contains strong evidence of actual guilt.” Id. at 37.
{¶12} Under Alford, then, a defendant who maintains his or her innocence may
rationally conclude, based on the strength of the evidence that the State is prepared to offer at
trial, that a plea bargain is in his or her best interest so that he or she can try to avoid the
prospect of the greater punishment that seems likely to result if the case goes to trial on the
original charge or charges. State v. Byrd, 2008-Ohio-3909, ¶ 16 (4th Dist.).
{¶13} An Alford plea, just like an ordinary guilty plea, must be made knowingly,
intelligently, and voluntarily. State v. Willis, 2008-Ohio-6808, ¶ 4 (6th Dist.). When a
defendant’s plea is accompanied by a protestation of innocence, a trial court has a heightened
duty to ensure that the defendant has made a rational decision to enter the plea. Cook, 2024-
Ohio-4481, at ¶ 9 (5th Dist.). This generally requires “a presentation of some basic facts
surrounding the charge from which the court may determine whether the accused has made
an intelligent and voluntary guilty plea.” State v. Drzayich, 2016-Ohio-1398, ¶ 13 (6th Dist.).
{¶14} That kind of factual explanation allows the trial court to resolve the apparent
conflict between “a defendant's claim of innocence and the defendant's desire to plead guilty
to the charges.” State v. Johnson, 2016-Ohio-2840, ¶ 27 (8th Dist.). In gathering the necessary
facts, the trial court may rely on the entire record before it. State v. Koperski, 2024-Ohio-2838,
¶ 13 (6th Dist.). See also State v. Hughes, 2021-Ohio-111, ¶ 15 (4th Dist.) (suggesting that a “bill
of particulars, . . . witness statements[,] . . . investigative reports, . . . [or a] recitation of basic
facts at the plea hearing” can suffice for an Alford plea).
{¶15} A defendant who enters a guilty plea, “including an Alford plea,” waives all
appealable errors “except to the extent that the errors precluded the defendant from
knowingly, intelligently, and voluntarily” entering the plea. State v. Clark, 2021-Ohio-2531, ¶
26 (2d Dist.). We therefore review Skodny’s challenge to the adequacy of the State’s
explanation of the crime solely to determine whether that explanation suggests that Skodny’s
plea was something less than knowing and intelligent.
{¶16} We readily conclude that the plea was a sound one. Certainly nothing was
amiss during the judge’s colloquy with Skodny about the voluntariness of the plea, about his
constitutional rights, about the effect of a guilty plea, or about the potential penalties. And
Skodny had that day already signed a multi-page plea agreement explaining in written form
most if not all of the same information.
{¶17} The judge rightly prompted Skodny, too, to explain that he was entering an
Alford plea in hopes of avoiding the harsher prison term that he faced if he were convicted on
the original F2 drug charge. (The judge surely knew, as well, that Skodny’s prison term on
that original charge would be, under R.C. 2925.11(C)(1)(c) and R.C. 2929.14(A)(2)(a), a
mandatory and indefinite one.)
{¶18} As for the facts that the State was prepared to prove at trial, the prosecutor’s
explanation of those facts at the plea change was, in our view, sufficient to enable the trial
judge to “resolve the apparent conflict” between Skodny’s claim of innocence and his stated
“desire to plead guilty” to the reduced charge. State v. Cunningham, 2023-Ohio-4305, ¶ 17 (4th
Dist.) (quotations omitted) (explaining that the record must contain enough facts for the judge
to make that determination). See also State v. Frazier, 2024-Ohio-2114, ¶ 24 (12th Dist.) (“the
standard for determining the plea’s validity is whether the plea represents a voluntary and
intelligent choice among the alternative courses of action open to the defendant”) (quotations
omitted).
{¶19} In the prosecutor’s factual explanation, the judge heard that the weight of the
methamphetamine found in a truck driven by Skodny was well in excess of the “five times
the bulk amount” that was alleged in the indictment, and the judge heard, too, that the
passenger had made a statement incriminating them both. The prosecutor reminded the
judge, as well, that the passenger had already pled guilty to a similar drug-possession charge
in the wake of the traffic stop. Given that the judge had imposed a prison term in that
passenger’s case just weeks earlier, that person was presumably available to testify at Skodny’s
trial if need be.
{¶20} These facts were sufficient to allow the judge to see that Skodny was making a
reasonable and informed choice between the alternatives available to him. The agreed
resolution offered him the prospect of a much less severe penalty than he likely faced had he
gone to trial and been convicted, and a conviction on the original charge appeared to be likely
based on the facts described by the prosecutor. We see no error in the trial court’s acceptance
of the Alford plea in these circumstances, given that the plea appears to have been entered
knowingly, intelligently, and voluntarily by Skodny. His assignment of error is overruled.
{¶21} For these reasons, the judgment of the Court of Common Pleas of Delaware
County is affirmed. Costs are to be paid by Appellant Daniel Skodny.
By: Gormley, J.;
Popham, P.J. and
Hoffman, J. concur.