State v. Creed, 2012 Ohio 2305

Appellant Jim Creed was indicted by a 15-count grand jury indictment including rape, gross sexual imposition, and kidnapping with SVP specifications.
Creed pled guilty to three counts of sexual battery (amended from rape) prior to sentencing; all other counts were dismissed by the state.
Before sentencing, Creed moved to withdraw his guilty plea, asserting attorney pressure and confusion about the plea's ramifications.
The trial court held a hearing, found Creed lacked credibility, and denied the motion to withdraw, sentencing him to nine years consecutively.
On appeal, Creed argues the trial court abused its discretion by denying withdrawal of the plea, asserting lack of understanding and coercion.
The appellate court reviews under Crim.R. 32.1 and solid Peterseim criteria, considering counsel competency, a full Crim.R. 11 hearing, an impartial hearing on the motion, and a fair record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying pre-sentencing withdrawal of plea	Creed asserts coercion and lack of understanding invalidating the plea	Court failed to provide a fair, full hearing and ignored valid grounds to withdraw	No abuse; four Peterseim factors satisfied

State v. Peterseim, 68 Ohio App.2d 211 (8th Dist.1980) (pre-sentence withdrawal standard and factors for abuse of discretion)
State v. Xie, 62 Ohio St.3d 521 (1992) (withdrawal standard; discretion of trial court)
State v. Abdelhag, 8th Dist. No. 71136 (1997) (innocence claims alone do not warrant withdrawal)
State v. Rice, 8th Dist. No. 72685 (1999) (R.C. Chapter 2950 collateral effects not required to be disclosed in Crim.R. 11)
State v. Brandon, 11th Dist. No. 2009-P-0071 (2010) (competent counsel presumed; Crim.R. 11 considerations)