2019 Ohio 5008
Ohio Ct. App.2019Background
- On August 14, 2018 Betts and co-defendant Redd used a handwritten note threatening a firearm to rob a Rite Aid in New Carlisle and stole large quantities of oxycodone; fingerprints on the note matched both men.
- Betts was indicted on nine counts (aggravated robbery, multiple drug counts, and firearm specifications); he pled guilty on November 27, 2018 to aggravated robbery with a firearm specification in exchange for dismissal of the other counts.
- At the plea hearing the court conducted a full Crim.R. 11 colloquy; Betts acknowledged he understood the maximum exposure, including a mandatory three-year firearm specification to be served consecutively.
- New counsel filed a presentence motion to withdraw the plea, asserting Betts misunderstood the firearm specification, had limited contact with prior counsel, and potentially had a defense because no firearm was seen or recovered.
- The trial court held a hearing, rejected the motion as primarily a change of heart (finding competent counsel, a valid Crim.R. 11 plea, timely motion, and no complete defense to the firearm spec), and sentenced Betts to 3 years for aggravated robbery plus 3 mandatory years for the firearm specification, consecutively.
- Betts appealed the denial of his motion to withdraw his plea; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying Betts’s presentence motion to withdraw his guilty plea | State: Betts merely had a change of heart; plea was knowingly and voluntarily made and he was informed of the mandatory firearm term | Betts: He did not understand the firearm specification or maximum exposure; limited communication with prior counsel; possible defense because no gun was seen or recovered | Court: No abuse of discretion. Trial court properly applied factors (competent counsel, full Crim.R.11 colloquy, timely motion, no showing of complete defense). Motion denied |
Key Cases Cited
- Xie v. State, 62 Ohio St.3d 521 (1992) (pre-sentence plea-withdrawal should be freely and liberally granted; court applies factors to determine whether defendant shows a reasonable and legitimate basis beyond a change of heart)
- Adams v. State, 62 Ohio St.2d 151 (1980) (appellate review of denial of plea-withdrawal motion is for abuse of discretion)