State v. Francis
2011 Ohio 4497
Ohio Ct. App.2011Background
- Francis was indicted in Meigs County for escape, a second-degree felony.
- He entered a plea agreement: plead guilty, state would recommend an 8-year sentence with four years suspended and place Francis on community control for five years, and the state would join a motion for judicial release after one year.
- During plea/change-of-plea, the court stated it had told counsel it would let Francis out after one year, but warned it did not guarantee any sentence.
- The court ultimately sentenced Francis to eight years in prison (with four years suspended) and placed him on five years of intensive supervision in the community, under a five-year term as reflected in the sentencing entry.
- On September 4, 2009, Francis moved for judicial release; the state did not join and later indicated it would not object, but the court denied the motion on October 7, 2009.
- On December 30, 2009, Francis moved to withdraw his guilty plea, arguing breach of the plea agreement and denial of judicial release; the trial court denied the motion without opinion on January 27, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of judicial release appeal | Francis argues the denial is not a final appealable order. | State contends the denial is a final appealable order and timely within jurisdictional rules. | The judicial-release denial is final and untimely; portion of appeal dismissed. |
| Motion to withdraw guilty plea after a void sentence | Francis asserts post-judgment Crim.R. 32.1 standards apply due to a plea-voiding sentence. | State argues standard-warner post-resentencing applies; sentence not void. | Sentence is void; remand to apply presentence standard to Crim.R. 32.1 motion to withdraw plea. |
Key Cases Cited
- State v. Woods, 141 Ohio App.3d 549 (Ohio App.3d 2001) (denial of motion for judicial release often not final, but exception if plea breach)
- State ex rel. Rowe v. McCown, 108 Ohio St.3d 183 (2006-Ohio-548) (plea agreement breach considerations; adequate legal remedy exists)
- State v. Jimenez, 2009-Ohio-4337 (Summit App. No. 24609) (recognizes plea-breach context as an exception to finality for appeal)
- State v. Williams, 2011-Ohio-120 (Cuyahoga App. No. 95359) (addressing timeliness and finality of judicial-release appeals)
- State v. Vlad, 2003-Ohio-2930 (Ohio App.3d 2003) (court must choose either prison or community-control sanction for single offense)
- State v. Boswell, 2009-Ohio-1577 (Ohio Sup. Ct.) (remand for presentence standard after void sentence; liberal Xie standard applied)
- State v. Xie, 62 Ohio St.3d 521 (1992-Ohio-36) (presentence withdrawal standard; liberality in allowing withdrawal)
- Beasley, 14 Ohio St.3d 74 (1984-Ohio-) (void sentences render judgments nullities)