State v. Armstrong
2017 Ohio 474
Ohio Ct. App.2017Background
- Armstrong was charged with domestic violence and assault (both first-degree misdemeanors); at arraignment he pled not guilty and bail was set.
- On the scheduled trial date he pled guilty to a reduced charge (domestic violence, R.C. 2919.25(C), second-degree misdemeanor); the assault charge was dismissed.
- Sentence: 90 days jail with 16 days credit, 74 days suspended pending completion of a program and one year of probation; no contact order entered.
- Eighteen days later, with new counsel, Armstrong filed a post-sentence motion to withdraw his guilty plea claiming (1) he did not cause the victim’s injuries, (2) his appointed counsel failed to subpoena/speak with a witness and failed to advise him of his right to continue the trial, and (3) he pled under pressure.
- The trial court held a hearing, rejected the motion as failing to show a "manifest injustice," and denied withdrawal; Armstrong appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Armstrong) | Held |
|---|---|---|---|
| Whether trial court abused discretion in denying post-sentence motion to withdraw plea under Crim.R. 32.1 (manifest injustice standard) | Denial proper; no manifest injustice, defendant had buyer’s remorse, plea was knowingly and voluntarily entered after proper Crim.R. 11 colloquy | Plea should be withdrawn because counsel failed to subpoena/speak with a key witness, failed to advise right to continuance, and counsel pressured him to plead despite innocence | Affirmed: trial court did not abuse discretion; defendant failed to show manifest injustice |
| Whether alleged ineffective assistance at plea stage (failure to consult witness/advise continuance) constituted manifest injustice permitting post-sentence withdrawal | Allegations are conclusory and contradicted by the record; not new evidence; issues outside record are appropriate for post-conviction relief, not Crim.R. 32.1 motion | Ineffective assistance led to involuntary plea and prejudice; would have gone to trial if counsel had acted (witness/subpoena/continuance) | Rejected: plea colloquy and record show defendant knew rights, had time to consult counsel, and voluntarily pled; ineffective-assistance claim insufficient to meet manifest-injustice standard |
Key Cases Cited
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (explains abuse-of-discretion review: reasonableness is the lynchpin)
- State v. Smith, 49 Ohio St.2d 261 (appoints the "manifest injustice" standard for post-sentence plea withdrawal)