2012 Ohio 230
Ohio Ct. App.2012Background
- State v. Benson, a Perry County case, addresses pre-sentence withdrawal of a no contest plea to misdemeanor assault.
- Appellant Benson entered a no contest plea on May 31, 2011; plea was accepted and sentencing was scheduled.
- Benson, with counsel, moved to withdraw the no contest plea on June 2, 2011; motion was denied June 13, 2011.
- Sentencing occurred June 16, 2011, with a sentencing entry dated July 19, 2011.
- Appellant timely appealed, challenging the trial court’s denial of the pre-sentence motion to withdraw the plea; the State did not file an appellee brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pre-sentence motion to withdraw the plea requires a hearing. | State contends no hearing is required. | Benson argues a hearing is needed to determine meritorious grounds and potential defenses. | Reversed and remanded for a hearing on the motion. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (standard for withdrawal of pleas applied to no-contest pleas)
- State v. Fish, 104 Ohio App.3d 236 (1995) (factors for evaluating withdrawal of a plea)
- State v. Spivey, 81 Ohio St.3d 405 (1998) (withdrawal of guilty pleas guidance applicable to no contest pleas)