Background

• Defendant Adam Bennett pled guilty to six counts of illegal use of a minor in nudity-oriented material under a negotiated plea; state recommended community control.
• Police executed a search warrant at Bennett’s Beavercreek residence and seized his computer, which led to the six-count indictment.
• Before sentencing, Bennett, with new counsel, moved to withdraw his guilty pleas under Crim.R. 32, contending the search-warrant affidavit lacked probable cause.
• The trial court denied the motion to withdraw after a hearing, concluding the warrant would not have been invalid and suppression would not have occurred; Bennett was sentenced to five years of community control, sex-offender treatment, and 30 days in jail, and classified as a Tier I offender.
• Bennett timely appealed, challenging only the trial court’s denial of the motion to withdraw his pleas.
• The court held that Bennett’s guilty pleas were entered knowingly, intelligently, and voluntarily, and that the record showed adequate discussion of defenses; probable cause for the warrant was found to be sufficient.

Issues

Key Cases Cited

• State v. Donaldson, 2007-Ohio-5756 (Greene App. 2007) (pre-sentence withdrawal requires reasonable basis; abuse shown by nothing)
• State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (trial court must determine reasonable, legitimate basis for withdrawal)
• State v. Peterseim, 68 Ohio App.2d 211 (1980) (pre-sentence withdrawal requires full and fair consideration)
• State v. McKee, 50 Ohio App.2d 313 (1976) (ad hoc due-process inquiry for knowing, voluntary waiver)
• State v. George, 45 Ohio St.3d 325 (1989) (probable-cause review gives deference to magistrate; cannot conduct de novo review)
• State v. Hale, 2010-Ohio-2389 (Montgomery App. 2010) (probable-cause standard in search-warrant affidavits; Gates framework)