State v. Grieco, 2020 Ohio 6956

In March 2017 Grieco’s fiancé, Peter Underwood, was shot and killed; deputies found Grieco kneeling by his body and a shotgun at the scene.
Grieco was indicted on domestic violence, involuntary manslaughter, and reckless homicide, each with firearm specifications; later plea agreement: guilty to domestic violence and involuntary manslaughter, reckless homicide and firearm specs dismissed.
Grieco moved for new appointed counsel (denied by the trial court after a hearing in August 2018), then pled guilty on October 22, 2018 following a Crim.R. 11 colloquy.
Sentencing occurred November 29, 2018; the court merged offenses and imposed an eight-year prison term for involuntary manslaughter (within the 3–11 year range) and five years post-release control.
Grieco appealed, arguing (1) her guilty plea was involuntary because the court denied new counsel (claiming counsel was biased and pressured her to accept a deal) and (2) the eight-year sentence was an abuse of discretion/excessive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of Grieco’s motion for new counsel rendered her guilty plea involuntary	State: trial court properly found no breakdown in attorney-client relationship; counsel provided thorough representation; Crim.R.11 colloquy satisfied	Grieco: counsel was biased, pressured her to take the plea, and thus plea was not voluntary	Court: affirmed denial of new counsel; record showed no total breakdown, counsel’s performance was adequate, and Crim.R.11 colloquy established plea was knowing and voluntary
Whether the eight-year prison sentence was contrary to law or unsupported by the record	State: sentence falls within statutory range, court considered R.C. 2929.11/2929.12 factors and victim/fact evidence supporting prison	Grieco: she expressed remorse, had no prior felony record, and community control or a minimum term would be adequate	Court: affirmed sentence; presumption of prison for first-degree felony not rebutted, record (criminal history, inconsistent statements, physical evidence) supported prison and length

Boykin v. Alabama, 395 U.S. 238 (guilty pleas must be knowing, intelligent, and voluntary)
State v. Coleman, 37 Ohio St.3d 286 (trial court need not appoint new counsel absent a breakdown that denies effective assistance)
State v. Clark, 119 Ohio St.3d 239 (Crim.R. 11 colloquy requirements to ensure plea is voluntary)
State v. Marcum, 146 Ohio St.3d 516 (appellate review standard for felony sentences)
State v. Brandenburg, 146 Ohio St.3d 221 (appellate court may modify sentence only if clearly and convincingly contrary to law)
Cross v. Ledford, 161 Ohio St. 469 (definition of clear and convincing evidence)