State v. Collins, 2019 Ohio 249

Tremele Collins, 17 at the time of the offenses, was indicted on 13 counts for three separate robberies; he was bound over to common pleas court.
On the record the state offered a plea: guilty to Counts 1 (aggravated robbery), 6 and 11 (robbery), each with gang and one-year firearm specifications; remaining counts nolled.
The parties jointly recommended a sentencing range: minimum 6 years to maximum 39 years; the court expressly told Collins the recommendation was not binding and that consecutive terms could total 39 years.
Collins pled guilty after a Crim.R. 11 colloquy; the court later sentenced him to an aggregate 29-year prison term with required findings for consecutive sentences.
Collins filed a postsentence Crim.R. 32.1 motion to withdraw his pleas (claimed plea was unknowing due to counsel’s advice and the state’s representation); trial court denied it after remand; appeals were consolidated.
Collins also challenged (1) alleged breach of the plea agreement and (2) that his 29-year term for juvenile nonhomicide offenses violated the Eighth Amendment as tantamount to life imprisonment; the court rejected each claim.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Collins)	Held
1) Whether trial court abused discretion by denying Crim.R. 32.1 postsentence motion to withdraw plea	Denial proper because plea was knowing, voluntary, and intelligent; no manifest injustice shown	Counsel misled Collins to expect ~6–10 years; plea was involuntary because he did not understand he could receive 29 years	Affirmed: No manifest injustice; Crim.R. 11 colloquy and counsel’s advice made plea knowing and voluntary
2) Whether the state breached the plea agreement by not adhering to its representation that a minimum sentence would be sufficient	No breach: parties’ recommendation was a range and court warned recommendation was not binding	State/record induced plea by representing minimum sentence would be sufficient	Affirmed: Record shows a recommendation (6–39 yrs) and court’s warnings; no reasonable expectation of a fixed term
3) Whether 29-year aggregate sentence for juvenile nonhomicide offender violates Eighth Amendment (cruel and unusual)	Sentence permissible under current law; Collins will be eligible for judicial release and has a meaningful opportunity for release	29 years is tantamount to life and denies meaningful opportunity for rehabilitation	Affirmed: 29-year term is not a de facto life sentence; Collins can seek judicial release (after ~14.5 years) and sentencing findings supported by record

State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (postsentence withdrawal of plea is allowed only to correct manifest injustice; reviewed for abuse of discretion)
Bordenkircher v. Hayes, 434 U.S. 357 (U.S. 1978) (defendants advised by competent counsel are presumptively capable of an intelligent and voluntary guilty plea)
Graham v. Florida, 560 U.S. 48 (U.S. 2010) (Eighth Amendment forbids life-without-parole or its functional equivalent for juvenile nonhomicide offenders)
State v. Moore, 149 Ohio St.3d 557 (Ohio 2016) (term-of-years exceeding life expectancy for juvenile nonhomicide offender violates Eighth Amendment; courts must ensure meaningful opportunity for release)
State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (explains Ohio sentencing scheme changes under S.B. 2 and the shift from parole to judicial release)