2019 Ohio 1108
Ohio Ct. App.2019Background
- Melody D. Curtis was indicted on two fifth‑degree felony counts: illegal cultivation of marijuana and possession of marijuana; she pleaded guilty to cultivation in exchange for dismissal of possession.
- Change‑of‑plea occurred on December 14, 2017; sentencing was initially set for January 24, 2018, then continued to February 21, 2018.
- Curtis filed a written pre‑sentence motion to withdraw her guilty plea asserting the affirmative defense of personal use 26 minutes before the February 21 sentencing hearing.
- The trial court orally denied the motion on the record without conducting a hearing (the court said it had considered the matter in chambers), and then proceeded to sentence Curtis.
- The State conceded on appeal that the trial court erred by failing to hold the mandatory hearing; the Fourth District reversed and remanded for a hearing consistent with due‑process standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was required to hold a hearing on a pre‑sentence Crim.R. 32.1 motion to withdraw a plea | State conceded the court erred by denying the motion without a hearing | Curtis argued she timely filed a pre‑sentence motion asserting a personal‑use affirmative defense and was entitled to a hearing | Court held a hearing is mandatory for pre‑sentence withdrawal motions; trial court abused its discretion by denying the motion without a hearing; judgment reversed and remanded for a hearing |
| Whether trial counsel rendered ineffective assistance by filing the motion late | State argued the motion was filed pre‑sentence and preserved the right to a hearing; performance issue disputed | Curtis argued counsel filed the withdrawal motion too late, prejudicing her opportunity for a full hearing | Court found the issue moot in light of reversal on the first issue and did not decide the ineffective‑assistance claim |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (trial court must conduct a hearing to determine whether there is a reasonable and legitimate basis for a presentence motion to withdraw a plea)
- State v. Ketterer, 126 Ohio St.3d 448 (2010) (no absolute right to withdraw a plea pre‑sentence; courts should consider multiple factors)
- State v. Spivey, 81 Ohio St.3d 405 (1998) (discussing standards for pre‑sentence plea withdrawal)
- State v. Boswell, 121 Ohio St.3d 575 (2009) (hearing required before denying pre‑sentence motion to withdraw plea)
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (1990) (abuse of discretion standard explained)