State v. Campbell
2018 Ohio 681
Ohio Ct. App.2018Background
- Defendant Deeshawn T. Campbell pleaded guilty pursuant to a plea agreement to involuntary manslaughter (first-degree felony), a three-year firearm specification, and felonious assault (second-degree felony) arising from a convenience-store shooting; aggregate sentence 25 years with 180 days jail credit and five years postrelease control.
- The incident video showed a confrontation in which the victim looked into a bag Campbell was holding, a physical struggle ensued, and Campbell shot the victim once; Campbell later said he believed he was being robbed and feared for his life.
- At sentencing, victim family members spoke; Campbell then orally moved to withdraw his guilty plea, saying he wanted to tell his version of events and was upset by the family’s statements.
- The court told Campbell he could relate his version without withdrawing the plea, allowed consultation with counsel, and after conferring Campbell withdrew the withdrawal motion and proceeded with sentencing, having been permitted to speak and the court to review the video.
- Campbell appealed, arguing the trial court abused its discretion by denying his presentence motion to withdraw his guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying a presentence motion to withdraw a guilty plea | State: The court acted within discretion; defendant voluntarily proceeded with plea and withdrew his motion | Campbell: He sought to withdraw plea at sentencing because of upset over family statements and wanted to tell his version; trial court improperly denied withdrawal | Court: No abuse of discretion; defendant consulted counsel, withdrew the withdrawal request, was given opportunity to speak, and court fairly considered request |
Key Cases Cited
- Xie v. Ohio, 62 Ohio St.3d 521 (1992) (presentence withdrawal of guilty plea is to be liberally allowed but not an absolute right)
- Peterseim v. Ohio, 68 Ohio App.2d 211 (1981) (factors for reviewing denial of pre-sentence plea-withdrawal motions include competent counsel, Crim.R.11 hearing, complete hearing on motion, and full consideration)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined as unreasonable, arbitrary, or unconscionable)