State v. Bloom, 2012 Ohio 3805

Bloom faced a 16-count indictment for felonious assault, discharging a firearm on or near a prohibited premises, and improperly discharging into or at a habitation, with gun specifications, relating to two incidents on June 8-9, 2011.
He pled guilty to three counts under a plea agreement: felonious assault with a one-year gun specification, felonious assault with a three-year gun specification, and improperly discharging into or at a habitation with a three-year gun specification.
Sentencing was delayed pending a sentencing hearing after the plea.
At sentencing, the state recited facts: Bloom and a co-defendant fired an AK-47 at a house across the street, injuring a person and striking other houses.
Bloom moved to withdraw his guilty pleas before sentencing; the trial court held a hearing and denied the motion; Bloom was sentenced to ten years in prison.
On appeal, Bloom challenges (1) the denial of his presentence motion to withdraw the pleas and (2) the imposition of consecutive sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the presentence motion to withdraw the guilty pleas properly denied?	Bloom	Bloom asserted error in denial of withdrawal	No abuse of discretion; denial affirmed.
Were the consecutive sentences properly supported by statutory findings?	Bloom	HB 86 requires explicit findings; court complied	Consecutive sentences supported; findings satisfied.

State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (guidelines for pre-sentence withdrawal of guilty pleas; liberal policy but no absolute right)
State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence withdrawal requires a hearing and a reasonable basis; discretion in denial)
State v. Peterseim, 68 Ohio App.2d 211 (8th Dist.1980) (multi-factor test for abuse of discretion in pre-sentence withdrawal)
Barker v. United States, 579 F.2d 1219 (10th Cir.1978) (supports liberal pre-sentence withdrawal analysis)