State v. Britton
2013 Ohio 99
Ohio Ct. App.2013Background
- Britton was charged with kidnapping (amended to aggravated assault plea) and felonious assault after injuring Carmetta Allen.
- Plea agreement: Britton pled guilty to aggravated assault (fourth-degree felony) with restitution of $2,766; kidnapping and related charges dismissed.
- Court sentenced Britton to 18 months in prison and ordered restitution plus court costs; Britton asked to withdraw his plea, which the court denied.
- Britton contends on appeal that the trial court erred in imposing costs without proper indigency consideration.
- Britton also challenges the post-sentence denial of his motion to withdraw the guilty plea as manifest injustice.
- Appellate court affirms, holding costs were properly assessed and the post-sentence withdrawal request did not constitute manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court costs were properly ordered under RC 2947.23 | State argues costs were proper; Britton failed to prove indigency or require waivers. | Britton contends indigency or ineffective assistance for not filing an affidavit to waive costs. | Costs properly assessed; RC 2947.23 satisfied. |
| Whether post-sentence motion to withdraw plea should be granted | State does not prevail; Britton seeks withdrawal without manifest injustice. | Britton asserts his plea was not voluntary and should be withdrawn to avoid manifest injustice. | denial of post-sentence withdrawal was not an abuse of discretion; no manifest injustice. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (post-sentence motion to withdraw plea requires manifest injustice)
- State v. Smith, 49 Ohio St.2d 261 (1977) (standard for post-sentence withdrawal and manifest injustice)
- State v. Peterseim, 68 Ohio App.2d 211 (1980) (abuse-of-discretion review for post-sentence withdrawal)
- State v. Carey, 8th Dist. No. 97444, 2012-Ohio-3359 (2012) (change of heart not sufficient to withdraw guilty plea)
- State v. Atkinson, 8th Dist. No. 85773, 2005-Ohio-5348 (2005) (courts may deny post-sentence withdrawal without a hearing)
- State v. Nieves, 8th Dist. No. 92797, 2010-Ohio-514 (2010) (credibility assessment of movant’s assertions resides with trial court)