2016 Ohio 160
Ohio Ct. App.2016Background
- Alonzo is a Mexican citizen residing in Fremont, Ohio.
- In 2002, Alonzo pled no contest to DUI, Unlawful BAC, No Operator’s License, and Open Container with a Spanish interpreter.
- The court sentenced him to 30 days in jail (4 days served), one year probation, and costs.
- In 2015, Alonzo moved to withdraw his pleas under Crim.R. 32.1 and R.C. 2943.031, claiming lack of the required advisement and possible deportation.
- The trial court overruled, finding the 2002 advisements were proper and no manifest injustice existed; Alonzo appealed two related assignments of error.
- The court discussed standards from Francis and related case law to assess whether withdrawal was warranted, including timeliness and prejudice considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the advisement under R.C. 2943.031(A) was properly given | State | Alonzo contends the advisement was not given | Denied; court upheld that advisement was given or, at minimum, denial appropriate under framework. |
| Whether the trial court erred by denying withdrawal without an evidentiary hearing | State | Alonzo sought an evidentiary hearing | Denied; court held no hearing was required given the record and standard. |
Key Cases Cited
- State v. Francis, 104 Ohio St.3d 490 (Ohio 2004) (set forth framework for R.C. 2943.031(D) and manifest injustice analysis)
- State v. Oluoch, 10th Dist. Franklin No. 07AP-45 (2007-Ohio-5560) (discretion in evaluating R.C. 2943.031(D) factors)
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (established standard for post-plea withdrawal)
- State ex rel. White v. Suster, 101 Ohio St.3d 212 (2004-Ohio-719) (exclusive remedies for R.C. 2943.031(A) violations)
- Mayfield Heights v. Grigoryan, 8th Dist. Cuyahoga No. 101498 (2015-Ohio-607) (discusses remaining considerations for advisement issues in timeliness)