State v. Burris
2013 Ohio 5108
Ohio Ct. App.2013Background
- Burris was indicted on aggravated robbery with a firearm specification, plus multiple charges; the State moved to nol pros the remaining charges in exchange for a guilty plea to one count.
- Plea agreement: Burris withdrew his not guilty plea and pleaded guilty to one count of aggravated robbery with a firearm specification on Oct. 1, 2012; sentencing to follow after a PSI.
- Before sentencing, Burris moved to withdraw his guilty plea pursuant to Crim.R. 32.1, triggering a hearing.
- At the Nov. 8, 2012 hearing, the court expressed concerns about Burris’s statements of mental illness and ordered a competency evaluation.
- Dr. Kara Predmore testified Burris has a mental illness but could not determine competency at the time of the plea; the court prepared a 17-page ruling on competency and withdrawal.
- The trial court denied Burris’s Crim.R. 32.1 motion, concluding Burris was competent when he pleaded guilty and that withdrawal would be a change-of-heart and not justified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying the presentence motion to withdraw the guilty plea | Burris argued coercion and innocence; requests withdrawal based on pressures and mental health concerns | State contends trial court properly weighed factors and chose not to permit withdrawal | No abuse of discretion; denial affirmed |
Key Cases Cited
- State v. Kirigiti, 10th Dist. No. 06AP-612, 2007-Ohio-6852 (Ohio 2007) (pre-sentencing withdrawal of guilty plea evaluated by factors balancing test)
- State v. Peterseim, 68 Ohio App.2d 211, 214 (8th Dist.1980) (Ohio 1980) (liberal pre-sentencing withdrawal principle; not absolute)
- State v. Xie, 62 Ohio St.3d 521, 526 (1992) (Ohio 1992) (abuse of discretion standard; need reasonable basis to withdraw)
- State v. DeWille, 9th Dist. No. 2101 (Nov. 4, 1992) (Ohio 1992) (Crim.R. 32.1 hearing required to assess withdrawal basis)
- State v. Zimmerman, 2010-Ohio-4087 (Ohio 2010) (balancing factors for withdrawal of guilty plea)
- State v. Fish, 104 Ohio App.3d 236, 240 (1st Dist.1995) (Ohio 1995) (non-exhaustive consideration of factors)
- State v. Cuthbertson, 139 Ohio App.3d 895 (7th Dist.2000) (Ohio 2000) (distinguishes coercion/innocence scenarios; emphasizes record sufficiency)
- State v. Van Dyke, 2003-Ohio-4788 (Ohio 2003) (framework for evaluating withdrawal requests)