State v. Harkins
2012 Ohio 4746
Ohio Ct. App.2012Background
- Harkins was charged in Case 1 (2010 CR 0384) with multiple counts of pandering obscenity and pandering sexually oriented material involving a minor; Case 2 (2011 CR 0064) included counts of pandering obscenity and pandering sexually oriented material involving a minor.
- The State consolidated the cases in June 2011 for joint proceedings.
- On November 17, 2011, Harkins pled guilty to one count in Case 1 and to one count of pandering obscenities and one count of pandering sexually oriented material in Case 2 in exchange for dismissal of remaining counts.
- On December 1, 2011, the trial court denied Harkins’ motion to withdraw his guilty pleas; the court later sentenced him to an aggregate term of 14 years and classified him as a Tier II sex offender, with a mistaken Tier III designation previously noted in the plea colloquy.
- On November 23, 2011, Harkins moved to withdraw the pleas; a hearing was held on December 1, 2011, but defense counsel did not present further evidence.
- The post-release-control sentence was improper: the court imposed two separate two-year-and-nine-month terms, exceeding the correct combined period; the correction has been addressed by the Department of Rehabilitation and Corrections, and the issue requires entry correction on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-sentence withdrawal of pleas standard | Harkins seeks withdrawal based on coercion/pressure | Denied duress; change of heart insufficient | Pre-sentence withdrawal denied; no manifest injustice found |
| Effect of post-release control on sentence | Two separate 2y9m terms improper | Not challenged; proper total terms were unclear | Second assignment sustained; remand for corrected sentencing entry |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (pre-sentence withdrawal standards; liberal consideration when justified)
- State v. McNeil, 146 Ohio App.3d 173 (1st Dist. 2001) (factors for abuse of discretion in withdrawal motions)
- State v. Sylvester, 2008-Ohio-2901 (2d Dist. Montgomery) (change of heart not sufficient to withdraw plea)