2025 Ohio 1500
Ohio Ct. App.2025Background
- Sebastian Facemire pled guilty to Violating a Protection Order (third-degree felony) after a negotiated plea; the Aggravated Burglary (first-degree felony) charge was dismissed as part of the plea.
- Facemire later moved to withdraw his plea before sentencing, arguing he misunderstood the level of the charge and believed it should have been a fifth-degree felony.
- The trial court denied the motion to withdraw the plea, sentenced Facemire to 18 months in prison, and imposed two years of post-release control, stating it was mandatory.
- Facemire also was sentenced in a separate case for Strangulation (fifth-degree felony) after violating probation, resulting in a six-month prison term.
- On appeal, Facemire challenged the denial of his motion to withdraw his plea, the adequacy of the plea colloquy, and the imposition of mandatory post-release control.
- The court of appeals consolidated the appeals and addressed only errors related to the Protection Order case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of motion to withdraw plea | Defendant understood plea terms; no abuse of discretion | Facemire misunderstood offense level, so plea wasn't knowing/voluntary | Denial affirmed: No abuse, defendant was fully advised and misunderstanding arose after plea |
| Plea colloquy was insufficient (Crim.R. 11) | Court advised of right not to testify | Court failed to say silence could not be used against him at trial | Court complied with Crim.R. 11; prior precedent controls; advisement was adequate |
| Mandatory post-release control imposed | Concedes error; post-release control was not mandatory | Court incorrectly imposed mandatory two-year post-release control | Reversed: Remanded for proper advisement regarding post-release control |
| Errors in Strangulation case | No error alleged | No argument on appeal | Appeal on this case waived/without merit |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (standard for presentence withdrawal of guilty plea)
- State v. Peterseim, 68 Ohio App.2d 211 (factors for considering motions to withdraw guilty plea)
- State v. Hayes, 2016-Ohio-2794 (advisement on right not to testify satisfies Crim.R. 11)
- State v. Clark, 2008-Ohio-3748 (requirement to simply follow Crim.R. 11 for plea validity)
- State v. Engle, 74 Ohio St.3d 525 (pleas must be knowing, voluntary, and intelligent)