2011 Ohio 3131
Ohio Ct. App.2011Background
- Castillo was indicted on two counts of Vehicular Assault under R.C. 2903.08(A)(2)(b).
- Castillo initially pled not guilty at arraignment.
- Defense filed multiple pretrial motions (in limine, discovery issues) and sought continuances due to counsel concerns.
- Castillo pleaded guilty to both counts on June 28, 2010 after a pre-sentence plea colloquy.
- A Crim.R. 11 hearing and a motion to withdraw the guilty plea were conducted; the court denied the motion.
- Castillo was sentenced December 21, 2010 to 28 months total prison, with license suspension and restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-sentence withdrawal standard applied | Castillo argues denial was against law | Castillo asserts a reasonable basis existed to withdraw | Abuse of discretion not shown |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (establishes the 'reasonable and legitimate basis' standard for Crim.R. 32.1 withdrawals before sentencing)
- State v. Lane, 2010-Ohio-4819 (3d Dist.) (lists nine factors for evaluating pre-sentence withdrawal motions)
- State v. Griffin, 141 Ohio App.3d 551 (Ohio App. 2001) (guide to evaluating withdrawal motions)
- State v. Liles, 2010-Ohio-5799 (3d Dist.) (applies factors in withdrawal review)
- State v. Ballard, 66 Ohio St.2d 473 (Ohio 1981) (Crim.R. 11 colloquy standards; plea advisement)