2022 Ohio 543
Ohio Ct. App.2022Background
- Warren D. Carter was indicted for one count of possession of cocaine (felony V) in June 2019; he had prior convictions and was on community control for earlier drug and stolen-property offenses.
- Carter pleaded guilty to the 2019 possession charge on October 29, 2019, then failed to appear for sentencing; a capias issued and he was arrested January 8, 2021.
- Carter filed a pro se motion to withdraw his guilty pleas (in three cases) on February 11, 2021; the trial court held a hearing March 10, 2021, and denied the motion May 4, 2021 as a mere change of heart.
- On May 4, 2021 the trial court sentenced Carter after finding violations of community control: 10 months (2017 case), 15 months (2018 case), and 10 months (2019 case), ordered consecutively for a 35-month aggregate term.
- Carter appealed only the 2019-CR-350 conviction, raising two assignments: (1) trial court erred in applying R.C. 2929.11 sentencing factors and (2) trial court erred in denying his pre-sentence motion to withdraw his plea (alleging ineffective assistance and coercion).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Carter) | Held |
|---|---|---|---|
| Whether the sentence violated the purposes/principles of felony sentencing under R.C. 2929.11/2929.12 | Trial court considered statutory factors and imposed sentences within statutory ranges; therefore sentence is lawful | Trial court erred in its analysis of sentencing factors and sentence should be modified | Affirmed: Under State v. Jones appellate courts may not reweigh R.C. 2929.11/2929.12; sentence was within range and court expressly considered factors, so not contrary to law |
| Whether the trial court abused its discretion by denying Carter's pre-sentence motion to withdraw his guilty plea (including claims of ineffective assistance and coercion) | Trial court gave full Crim.R.11 advisement, held a full hearing, found only a change of heart; counsel was competent and had filed motions Carter claimed were not filed | Plea was coerced; counsel ineffective for waiving time, not retesting drugs, and not seeking new bond; therefore withdrawal should be allowed | Affirmed: Denial was not an abuse of discretion. Crim.R.11 complied, Fish factors considered, record shows voluntary plea and competent counsel; Carter’s reasons were essentially a change of heart |
Key Cases Cited
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (limits appellate reweighing of R.C. 2929.11/2929.12 under R.C. 2953.08(G)(2))
- State v. Xie, 584 N.E.2d 715 (Ohio 1992) (pre-sentence plea-withdrawal standard; must show reasonable and legitimate basis)
- Huffman v. Hair Surgeons, Inc., 482 N.E.2d 1248 (Ohio 1985) (defines abuse of discretion)
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 553 N.E.2d 597 (Ohio 1990) (decision is unreasonable where no sound reasoning supports it)
- State v. Fish, 661 N.E.2d 788 (Ohio Ct. App. 1995) (sets nine-factor test for evaluating pre-sentence plea-withdrawal motions)
- State v. Brown, 99 N.E.3d 1135 (Ohio 2017) (sentence is contrary to law when court fails to consider R.C. 2929.11/2929.12)