2020 Ohio 3356
Ohio Ct. App.2020Background
- Collins was indicted on multiple drug-trafficking and possession counts arising from controlled buys in late 2017.
- After plea negotiations he pleaded guilty to five amended counts (including one first-degree felony) and the State agreed to dismiss the remainder; the State would recommend 15 years (14 years if Collins repaid $11,000 buy money before sentencing). Ten years on the first-degree count was mandatory.
- Collins pled guilty on July 3, 2018, waived appeal if the court imposed the State’s recommendation, and sentencing was set for July 30, 2018 (rescheduled to Aug. 3 after Collins was late).
- At the August 3 sentencing hearing Collins orally moved (pre-sentence) to withdraw his guilty pleas; counsel objected to the motion but presented it at Collins’s request. The trial court heard argument, denied the motion, and imposed consecutive sentences totaling 15 years plus fines.
- Collins appealed the denial of his presentence motion to withdraw; the appellate court reviewed for abuse of discretion, applied the Fish factors (adopted in Thomas), found eight of nine factors favored denial, and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Collins’s presentence motion to withdraw his guilty pleas | Deny withdrawal: State asserted minimal prejudice, contended counsel was effective, plea colloquy complied with Crim.R.11, motion filed unreasonably at sentencing, and inability to repay buy money is not a valid basis | Grant withdrawal: no state prejudice, counsel ineffective for not filing suppression motion, court failed to hold a substantial hearing or recite Fish factors, motion timely (pre-sentence), grounded in inability to repay buy money (not mere change of heart) | No abuse of discretion; denial affirmed — appellate court found plea colloquy and counsel’s performance adequate, hearing adequate, timing unreasonable, and reasons insufficient; 8 of 9 Fish factors favored denial |
Key Cases Cited
- State v. Fish, 104 Ohio App.3d 236 (1995) (adopted multi-factor test for presentence plea-withdrawal motions)
- State v. Xie, 62 Ohio St.3d 521 (1992) (presentence withdrawal reviewed for abuse of discretion; hearing required)
- State v. Adams, 62 Ohio St.2d 151 (1980) (abuse-of-discretion standard explained)
- Boykin v. Alabama, 395 U.S. 238 (1969) (plea must be knowing, intelligent, and voluntary to satisfy due process)