2023 Ohio 1510
Ohio Ct. App.2023Background
- April 2, 2021: Howard Good stabbed Ralph Horne and was charged with one count of felonious assault (second-degree felony).
- Jan. 5, 2022: Good pleaded guilty in exchange for the State remaining silent at sentencing; the court ordered a presentence investigation (PSI) and placed Good on electronic monitoring.
- Feb. 25, 2022: Good sought to withdraw his guilty plea before sentencing; a bond-violation arose (he admitted travel without permission) and he was remanded to jail.
- March 4, 2022: Hearing on the presentence motion to withdraw the plea; both Good and his trial counsel testified; the court denied the motion, finding a change of heart.
- April 12, 2022: Good was sentenced to 4–6 years in prison and appealed, arguing the plea was involuntary and that he had been led to expect community control.
Issues
| Issue | State's Argument | Good's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Good's presentence motion to withdraw his guilty plea | Plea was knowing and voluntary; Crim.R.11 colloquy complied with; no promise of a particular sentence | Plea involuntary because he believed it would result in probation/community control; plea was induced by promise | No abuse of discretion. Court found full Crim.R.11 compliance, counsel competent, hearing held, and the record showed no promise of community control — denial affirmed |
| Whether the court was required, when taking the plea, to inform Good of the statutory presumption in favor of incarceration for second-degree felonies | Not required; prior precedent holds judge need not explain the statutory presumption at plea | Court should have explained the presumption of incarceration so plea could be truly voluntary | Court held there is no requirement to inform a defendant of the statutory presumption of incarceration when accepting a guilty plea; lack of such admonition did not render plea involuntary |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (presentence motions to withdraw pleas should be freely and liberally granted)
- State v. Fish, 104 Ohio App.3d 236 (1995) (adopts nine-factor test to evaluate presentence plea-withdrawal motions)
- State v. Becraft, 89 N.E.3d 218 (2d Dist. 2017) (asks whether a reasonable and legitimate basis exists for withdrawal of a plea)
- State v. Sims, 99 N.E.3d 1056 (1st Dist. 2017) (addresses interplay and limits of Fish and related standards)