2014 Ohio 883
Ohio Ct. App.2014Background
- This court previously held that the state's breach of the plea agreement was plain error requiring recognition.
- The defendant sought plea withdrawal while the state urged no prejudice to the plea.
- Santobello v. New York required a remedy decision: plea withdrawal or resentencing with possible resentencing by a different judge.
- This court chose remand for resentencing before a different judge and clarified it was a Santobello remedy, not a disqualification order.
- The state timely filed a motion for reconsideration under App.R. 26(A)(1) to eliminate the requirement of a different-judge resentencing and argued for same-judge resentencing.
- Ohio appellate authority shows mixed guidance on resentencing before a different judge or reassignment, with some cases permitting reassignment under Santobello.
- Reconsideration was denied, and the disposition stands summarized by the three judges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remedy under Santobello requires a different-judge resentencing. | State: remedy should be same-judge possible; insist no prejudice shown | Adams: prior remedy (different-judge resentencing) remains appropriate | Remand before a different judge remains permissible; reconsideration denied. |
| Whether Ohio cases require or permit reassignment or same-judge resentencing under Santobello. | State cites mixed authority allowing reassignment | Adams supports Santobello option without overruling remand approach | Authority is mixed; court maintained remand with different-judge instruction, consistent with prior approach. |
| Whether reconsideration is proper given disagreement with logic/merits. | State argues error not obvious | Disagreement with reasoning isn’t an obvious error | Reconsideration denied; decision stands. |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (U.S. Supreme Court (1971)) (remedy choice for breach: plea withdrawal or specific performance by resentencing)
- People v. Tindle, 61 N.Y.2d 752 (N.Y. (1984)) (remanding for resentencing in some Santobello‑based contexts)
- United States v. Barnes, 278 F.3d 644 (6th Cir. 2002) (remanding for resentencing before a different district judge)
- State v. Graham, 2013-Ohio-600 (Ohio Fifth Dist.) (remand for resentencing; Santobello considerations in Ohio)
- State v. Wilson, 2011-Ohio-6184 (Ohio Second Dist.) (reemphasizes Santobello remedies in Ohio appellate context)