State v. Anderson, 2020 Ohio 6912

Anderson was indicted on trafficking (first-degree felony), possession of cocaine, and possession of marijuana; released on bond with a no-illicit-drug condition.
He entered a negotiated guilty plea to trafficking in cocaine with a recommended three-year sentence; record acknowledged the plea conditional on abiding bond terms.
Before sentencing he was late to court and tested positive for marijuana; the trial court imposed a four-year sentence (within the statutory 11-year maximum).
Anderson did not file a direct appeal; he filed a pro se post-conviction petition alleging denial of counsel choice, ineffective assistance, prosecutorial nondisclosure, and improper punishment for bond violations.
The trial court denied the petition without a hearing; Anderson appealed the denial.
The appellate court affirmed, finding the defendant breached the plea by using drugs on bond and the court acted within its sentencing discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness / res judicata	Petition untimely; claims could have been raised on direct appeal	Petition raising plea-breach claim is permissible postconviction	Court noted res judicata would apply but still reached merits and denied relief
Breach of plea agreement	State: Anderson breached plea by violating bond (positive drug test), relieving State obligations	Anderson: Court cannot increase agreed sentence as punishment for bond violation; seeks specific performance of plea	Court: Defendant breached the plea; breach relieves State and allows court to impose a greater lawful sentence
Remedy — specific performance of plea	State: No obligation to enforce specific performance when defendant breached	Anderson: Seeks enforcement of the original 3-year term (specific performance)	Court: Specific performance not warranted; trial court may reject the negotiated term after defendant's breach
Sentencing discretion / plea as contract	State: Sentencing is within court's statutory discretion; punishment not governed by plea bargaining	Anderson: Imposition of 4 years punished him for bond violations in violation of plea expectations	Court: Punishment lies with statute/trial court discretion; increasing sentence within statutory range was lawful and not an abuse of discretion

State v. Gondor, 860 N.E.2d 77 (Ohio 2006) (trial-court postconviction findings upheld if supported by competent, credible evidence)
State v. Perry, 226 N.E.2d 104 (Ohio 1967) (res judicata bars claims that were or could have been raised on direct appeal)
State v. Mathews, 456 N.E.2d 539 (Ohio Ct. App. 1983) (plea agreements treated as contracts; sentencing remains court's discretion)
State v. Davenport, 686 N.E.2d 531 (Ohio Ct. App. 1997) (discussing remedies when plea agreement issues arise)
State v. Adkins, 829 N.E.2d 729 (Ohio Ct. App. 2005) (defendant's breach relieves prosecutor of obligations under plea)
State v. Billiter, 106 N.E.3d 785 (Ohio Ct. App. 2018) (defendant's positive drug test while on bond can constitute breach of plea agreement)