State v. Cooper
2011 Ohio 6890
Ohio Ct. App.2011Background
- Cooper was indicted on six counts including kidnapping, abduction, aggravated burglary, burglary, and grand theft in Athens County.
- Competency evaluations determined Cooper was competent to stand trial.
- A plea negotiation produced a deal: Cooper would plead no contest to four counts, two would be dismissed, and recommended sentence was six years with credit.
- At the May 16, 2011 plea, Cooper stated he did not understand the proceedings, but ultimately pleaded no contest to four counts.
- The court explained rights waived by the plea and accepted the pleas for four counts, scheduling sentencing for May 20, 2011.
- During sentencing, Cooper moved to withdraw the pleas; the court denied the motion and imposed the plea-compliant sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying a pre-sentence Crim.R. 32.1 withdrawal | Cooper asserts a change of heart and lack of fair hearing warrant withdrawal | State argues no abuse; no serious basis to withdraw before sentencing | No abuse; denial sustained |
| Whether Cooper entered his pleas voluntarily, knowingly, and intelligently | Cooper claims he was bullied and did not understand proceedings | Record shows voluntary, knowing, and intelligent acceptance under Crim.R. 11 | Plea entered voluntarily, knowingly, and intelligently |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (Crim.R. 32.1 and plea withdrawal standards)
- State v. Veney, 120 Ohio St.3d 176 (Ohio 2008) (Crim.R. 11 and knowing, voluntary, and intelligent plea standard)
- State v. Ballard, 66 Ohio St.2d 473 (Ohio 1981) (required advising rights in a plea to be valid)
- State v. Mulhollen, 119 Ohio App.3d 560 (Ohio App. 1997) (substantial compliance suffices for Crim.R. 11; strict compliance required for certain rights)
- State v. Vinson, 2009-Ohio-3240 (Ohio App. 2009) (substantial compliance standard for Crim.R. 11 in pleas)
