State v. Davis, 2017 Ohio 8222

Michael Marbuery Davis was indicted in six drug-related cases (Feb 2014–Jun 2015) and, after a psychiatric evaluation, pleaded guilty in May 2016 to multiple counts (drug trafficking, possession of criminal tools, drug possession, attempted possession, endangering children) across those cases.
The trial court conducted a Crim.R. 11 plea colloquy; Davis answered that no threats or promises induced his plea and confirmed satisfaction with counsel.
The court immediately imposed an aggregate 22-year prison sentence, mandatory fines, and costs; upon hearing the sentence Davis moved to withdraw his guilty pleas claiming his trial attorney promised a 3-year deal and withheld discovery.
The court held evidentiary hearings: Davis and his girlfriend testified to a promised 3-year sentence; counsel testified he described the state’s offer as “as low as three years,” never promised a 3-year guarantee, and explained “counsel only” discovery could not be shown but was discussed.
The trial court denied both the oral (at sentencing) and later pro se motions to withdraw pleas, found Davis’s evidence not credible, rejected ineffective-assistance claims, found the consecutive-sentence findings were made on the record and in the entry, and upheld imposition of costs and mandatory fines.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Motion to withdraw guilty plea (pre/post‑sentence timing)	Trial court: denial was proper under manifest injustice standard for post‑sentence motions	Davis: his oral motion was legally pre‑sentence (PRC not yet stated) and counsel induced plea by promising 3 years	Court applied manifest‑injustice standard, found allegations not credible, denied withdrawal
Ineffective assistance of counsel	State: counsel’s performance was reasonable; no prejudice shown	Davis: counsel promised 3 years, withheld discovery, failed to file affidavit of indigence, and withdrew PSI request	Court found no deficient performance or prejudice; claims rejected
Consecutive sentences (R.C. 2929.14(C)(4))	State: court made required findings at hearing and in journal entry	Davis: court failed to make required statutory findings	Court held findings were made on record and in entry per Bonnell; consecutive terms upheld
Court costs and fines (notification & ability to pay)	State: costs and mandatory fines properly imposed; notification of community service not required when incarcerating	Davis: court failed to notify about community‑service alternative and failed to consider ability to pay	Court held notification not required for prison sentences; court costs mandatory under R.C. 2947.23 and ability to pay is irrelevant to imposition

Xie v. Ohio, 62 Ohio St.3d 521 (plea‑withdrawal abuse of discretion / standards for pre/post‑sentence)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (definition of abuse of discretion)
State v. Smith, 49 Ohio St.2d 261 (credibility/good‑faith matters on plea‑withdrawal)
State v. Kapper, 5 Ohio St.3d 36 (false‑promise inducement grounds to withdraw plea)
State v. Bonnell, 140 Ohio St.3d 209 (requirement to state consecutive findings on record and in entry)
Strickland v. Washington, 466 U.S. 668 (two‑prong test for ineffective assistance)
State v. Bradley, 42 Ohio St.3d 136 (objective standard for counsel performance)
State v. White, 82 Ohio St.3d 16 (prejudice standard and PSI/related sentencing issues)
State v. Gipson, 80 Ohio St.3d 626 (indigence does not automatically waive mandatory fines)