State v. Broderdorp
2011 Ohio 4894
Ohio Ct. App.2011Background
- Broderdorp was indicted in Seneca County on 17 counts arising from a circuit of break-ins in 2009, including 11 breaking and entering charges and a pattern of corrupt activity offense.
- He pleaded guilty to 16 counts and the lesser included offense of attempted engaging in a pattern of corrupt activity four days before trial.
- A Crim.R. 11 colloquy was conducted at the change-of-plea hearing and sentencing was scheduled for February 24, 2011.
- A motion for continuance of sentencing was filed by Broderdorp and denied prior to sentencing.
- On February 23, 2011, Broderdorp moved to withdraw his guilty plea; a hearing was held on February 24, 2011, and the motion was denied on February 28, 2011.
- Broderdorp was sentenced to a total of 8 years in prison on March 9, 2011, and he appealed the denial of his pre-sentence withdrawal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pre-sentence motion to withdraw the guilty plea was properly denied | State contends denial was proper; withdrawal would prejudice the prosecution and was not warranted | Broderdorp argued innocence, change of heart, and insufficient time to consider family impact | No abuse of discretion; motion to withdraw properly denied |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (establishes the standard for pre-sentence withdrawal; requires a hearing and 'reasonable and legitimate basis')
- State v. Griffin, 141 Ohio App.3d 551 (2001) (factors for evaluating pre-sentence withdrawal motions)
- State v. Liles, 2010-Ohio-5799 (2010) (applies standard and factors for withdrawal of plea)
- State v. Nathan, 99 Ohio App.3d 722 (1995) (abuse-of-discretion standard in review)
- State v. Smith, 49 Ohio St.2d 261 (1977) (early articulation of withdrawal standards)
- State v. Ballard, 66 Ohio St.2d 473 (1981) (Crim.R. 11 considerations and waivers)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard)
- State v. Drake, 73 Ohio App.3d 640 (1991) (no automatic entitlement to withdrawal; must show valid basis)
- State v. Ramsey, 2006-Ohio-2795 (2006) (change of heart alone insufficient for withdrawal)