2014 Ohio 4180
Ohio Ct. App.2014Background
- On July 16, 2012, Alsip drove left of center and caused a head-on collision that killed a motorist; he was indicted on two counts of aggravated vehicular homicide (second-degree felonies).
- Alsip pleaded no contest to both counts; the court merged counts and on August 12, 2013 sentenced him to the maximum term for a second-degree felony (8 years) and lifetime license suspension.
- Four days after sentencing Alsip filed a Crim.R. 32.1 motion to withdraw his no-contest plea, attaching an affidavit from his counsel (Ernst) stating the judge had told counsel off the record Alsip would not receive the minimum or maximum sentence if he pleaded.
- The prosecutor (Gibson) submitted an affidavit saying the prosecutor immediately told the judge he would seek the maximum sentence and that the judge refused to commit to a sentence, saying only she normally did not impose maximum sentences on pleas but would consider everything.
- The trial court denied the motion without an evidentiary hearing; Alsip appealed the denial and also argued the maximum sentence was improper because of his lack of prior record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alsip’s postsentence motion to withdraw plea should be granted because counsel promised he would not receive the maximum sentence | State: Motion fails; defendant did not show substantial reliance on counsel’s alleged promise | Alsip: Counsel promised no maximum sentence; that promise induced his plea so its breach is a manifest injustice | Denied — no manifest injustice shown; Alsip offered no evidence he substantially relied on counsel’s statement, so no abuse of discretion in denying without hearing |
| Whether appellate court may review claim that maximum sentence was erroneous because Alsip lacked prior record | State: N/A (procedural) | Alsip: Sentence excessive given no criminal record | Dismissed for lack of jurisdiction — Alsip failed to timely appeal the judgment of conviction within 30 days |
Key Cases Cited
- State v. Smith, 49 Ohio St.2d 261, 361 N.E.2d 1324 (Ohio 1977) (standard: defendant must show "manifest injustice" to withdraw plea after sentencing)
- State v. Blatnik, 17 Ohio App.3d 201, 478 N.E.2d 1016 (6th Dist. 1984) (statement that counsel’s promise of particular sentence does not automatically establish manifest injustice)