State v. Davidson
2017 Ohio 1505
| Ohio Ct. App. | 2017Background
- Jimmy J. Davidson was indicted in July 2015 on multiple counts: three trafficking (cocaine), two corrupting-another-with-drugs, and two possession counts.
- On January 11, 2016, Davidson pled guilty to two trafficking counts (one first-degree, one third-degree) and one second-degree corrupting count; other counts were dismissed and he was sentenced to an aggregate four-year term (concurrent).
- In February 2017 Davidson, pro se, moved post‑sentence to withdraw his guilty pleas, claiming trial counsel ineffectively advised him about statutory weight thresholds for cocaine trafficking (arguing enhancement was based on gross/mixed weight rather than actual cocaine weight).
- The trial court denied the motion to withdraw; Davidson appealed, arguing ineffective assistance of counsel and that denial constituted error/manifest injustice.
- The appellate court reviewed counsel-performance standards, the timing of relevant Ohio Supreme Court decisions about mixed-substance weight rules, and the absence of a plea-hearing transcript, and affirmed the trial court's denial of the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for advising Davidson to plead to enhanced-degree trafficking based on gross/mixed weight | State: counsel was not ineffective; plea and sentence were proper and record does not show prejudice | Davidson: counsel misadvised him about statutory weight thresholds (actual cocaine weight vs. total/mixed weight), causing manifest injustice | Court: No ineffective assistance shown; counsel could not have relied on Gonzales I (issued after plea) and that decision was later reconsidered; absence of transcript presumes regularity |
| Whether post‑sentence motion to withdraw plea should have been granted (manifest injustice) | State: record does not show manifest injustice; court correctly denied motion without a hearing | Davidson: plea should be withdrawn because of counsel's alleged incorrect legal advice about weight thresholds and sentencing consequences | Court: Denial affirmed; allegations insufficient to show manifest injustice and no hearing required where motion lacks adequate evidentiary support |
Key Cases Cited
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (sets Ohio standard for ineffective assistance analysis)
- State v. Lytle, 48 Ohio St.2d 391 (Ohio 1976) (prejudice component of ineffective assistance inquiry)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (federal standard for ineffective assistance of counsel)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard for appellate review)
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (post-sentence withdrawal of plea governed by manifest injustice standard)
- State v. Boswell, 121 Ohio St.3d 575 (Ohio 2009) (discusses purpose of Crim.R. 32.1 and discouraging plea-withdrawal gamesmanship)