2013 Ohio 2852
Ohio Ct. App.2013Background
- Matthew W. Bailey was indicted for felonious assault with a firearm, illegal cultivation of marijuana, and four counts of child endangering based on conduct on March 3, 2012.
- Bailey pled guilty to all counts on July 17, 2012; the court ordered a presentence investigation and scheduled sentencing.
- Bailey retained new counsel and, on August 10, 2012, moved to withdraw his guilty pleas prior to sentencing, asserting lack of independent counsel at plea and misunderstanding of consequences; he sought to challenge only the felonious assault charge.
- At the August 27, 2012 hearing, Bailey’s prior counsel was not criticized; counsel conceded representation was adequate. Bailey argued he should have been charged with using a weapon while intoxicated rather than felonious assault.
- The trial court reviewed the plea transcript, found the Crim.R. 11 colloquy adequate, concluded Bailey understood the charges and penalties, found no coercion, and denied the pre-sentence motion to withdraw.
- The court sentenced Bailey to an aggregate eight-year prison term; Bailey appealed the denial of his motion to withdraw the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a pre-sentence motion to withdraw guilty pleas | State: Trial court properly exercised discretion after full consideration and adequate plea colloquy | Bailey: Plea should be withdrawable because he lacked independent counsel earlier and did not understand ramifications; he disputes felonious assault charge | Court: Denial affirmed — no abuse of discretion; plea was knowing, voluntary, and counsel was adequate |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521, 584 N.E.2d 715 (Ohio 1992) (pre-sentence plea withdrawals should be liberally allowed but are discretionary; defendant must show a reasonable and legitimate basis)
- State v. Cuthbertson, 139 Ohio App.3d 895, 746 N.E.2d 197 (Ohio Ct. App. 2000) (lists nonexclusive Fish factors for evaluating plea-withdrawal motions)
- State v. Fish, 104 Ohio App.3d 236, 661 N.E.2d 788 (Ohio Ct. App. 1995) (identifies factors for courts to consider when ruling on motions to withdraw guilty pleas)