State v. Euler
2019 Ohio 235
Ohio Ct. App.2019Background
- Gregory L. Euler was indicted for felony domestic violence (third-degree); trial set for April 24, 2017.
- On April 21, 2017 the State offered a plea to a fourth-degree felony with a recommendation of community control; Euler accepted and pleaded guilty on April 24.
- After pleading, Euler told counsel he felt coerced and moved to withdraw his plea on May 19, 2017; the trial court held a hearing June 9 and denied the motion on June 20.
- At sentencing on August 18, 2017 the court imposed 17 months’ imprisonment and up to three years postrelease control; Euler appealed.
- The court evaluated Euler’s motion under Crim.R. 32.1 and the Fish factors and reviewed sentencing under R.C. 2929.11/2929.12 and Marcum standards.
Issues
| Issue | Euler's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying pre-sentence motion to withdraw guilty plea | Motion was timely; he had potential defense (victim’s recantation) and State would not be prejudiced | Withdrawal was a change of heart; State would be prejudiced because victim unavailable and case would need rebuilding | No abuse of discretion; denial affirmed (court found Fish factors, overall, weighed against withdrawal) |
| Whether 17-month prison sentence was unsupported by record or contrary to law | Sentence inconsistent with R.C. 2929.11/2929.12; State had recommended community control; imprisonment not presumed | Court complied with statutory sentencing standards and made supported findings | Sentence affirmed; no clear and convincing evidence sentence unsupported or contrary to law |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (establishes presentence plea-withdrawal standard and abuse-of-discretion review)
- State v. Adams, 62 Ohio St.2d 151 (plea-withdrawal should be liberally allowed pre-sentencing)
- State v. Fish, 104 Ohio App.3d 236 (sets factors trial courts consider on plea-withdrawal motions)
- State v. Marcum, 146 Ohio St.3d 516 (standard for appellate review of felony sentences and clear-and-convincing threshold)
- Cross v. Ledford, 161 Ohio St. 469 (definition of clear-and-convincing evidence)