State v. Andrews
2012 Ohio 4664
Ohio Ct. App.2012Background
- Andrews was indicted in March 2009 for aggravated burglary, felonious assault with firearm specifications, and having a weapon while under a disability; some charges were dismissed when plea negotiations occurred.
- He failed to appear in April 2010, leading to a capias and withdrawal of his original court-appointed counsel; new counsel was appointed in August 2010.
- In April 2011, Andrews pled guilty to felonious assault and a firearm specification under a plea agreement for an aggregate seven-year sentence.
- At sentencing (April 2011), Andrews claimed he had hired private counsel and sought to withdraw his plea; the court proceeded with sentencing using the plea agreement and victim-impact information.
- The court imposed $35,000 restitution and a $10,000 fine, then later vacated these financial sanctions on appeal for lack of an ability-to-pay hearing, remanding for such a hearing while affirming the conviction and most aspects of the sentence.
- The panel rejected several of Andrews’s challenges to counsel and plea withdrawal, but concluded the trial court failed to consider his present and future ability to pay the restitution and fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court correctly deny the presentence motion to withdraw the guilty plea | Andrews (state) relied on the Fish factors and the record supporting a valid plea | Andrews was innocent or misled by counsel, justifying withdrawal | No abuse of discretion; plea valid; motion denied |
| Was Andrews entitled to a continuance to secure private counsel for the motion to withdraw the plea and sentencing | State contends no right to continuance given no proper retained counsel appearance | Andrews retained private counsel and needed time | No Sixth Amendment violation; continuance denied |
| Did the trial court abuse its discretion by imposing restitution and a fine without a hearing on ability to pay | State’s restitution and fine were proper under statute notwithstanding indigence | Andrews was indigent; court should not impose sanctions without ability-to-pay hearing | Plain error; vacate fine and restitution; remand for ability-to-pay hearing |
| Was his counsel ineffective for failing to argue withdrawal of plea and to object to the fine/restitution | State argues no ineffectiveness given handling of plea withdrawal and sanctions | Counsel failed to object to financial sanctions; ineffective assistance | Partially sustained; ineffective for not objecting to sanctions; otherwise overruled on withdrawal claim |
| Does receipt of court-appointed counsel preclude a claim of denial of the right to counsel of choice at sentencing | State can proceed with appointed counsel; no right to privately chosen counsel when indigent | Andrews had purportedly hired counsel and should have the right to continuance | No Sixth Amendment violation; not error to deny continuance |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (liberal standard for presentence withdrawal of guilty plea)
- State v. Spates, 64 Ohio St.3d 269 (Ohio 1992) (Sixth Amendment and counsel-related issues tied to guilty plea)
- State v. Morgan, 181 Ohio App.3d 747 (Ohio 2009) (waiver of appeal when guilty plea knowingly and voluntarily entered with competent counsel)
- State v. Calloway, 2004-Ohio-5613 (Ohio 1st Dist.) (role of Fish factors in ruling on plea withdrawal)