State v. Harris, 2012 Ohio 802

Harris pleaded guilty in CR-535479 and CR-540287 to criminal nonsupport for two children with arrears totaling relevant amounts; the juvenile courts had set monthly arrears and support obligations.
The trial court sentenced Harris on September 2010 to five years of community control sanctions with conditions including five job applications per week, employment maintenance, and restitution/payment of arrears.
In December 2010 and January 2011, the court held hearings on community control violations; Harris was adjudicated in violation in January 2011 and received a one-year prison term in one case while community control continued in the other.
March 1, 2011, Harris moved to withdraw his guilty pleas in both cases; the four appeals were consolidated and Harris challenged the revocation of community control and the denial of his motions to vacate plea.
At sentencing and in the restitution order, Harris agreed to restitution and arrearage payments; the court explained the five-applications-per-week job-search requirement and potential modification if earnings decreased; the record shows no objection to restitution amount.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the revocation of Harris’s community control without a prior ability-to-pay determination violate due process or equal protection?	Harris/ACLU contend nonpayment cannot lead to imprisonment without considering ability to pay.	State argues the record shows willful nonpayment and bona fide efforts to pay were lacking.	No plain error; record supports willful failure to pay and lack of bona fide efforts.
Did the trial court abuse its discretion in denying motions to withdraw guilty pleas on the basis of financial hardship defense?	Harris asserts R.C. 2919.21(D) defense would have allowed withdrawal.	Defendant contends no manifest injustice; defense requires payments within means, which were not shown.	No abuse of discretion; manifest injustice not shown; defenses not met given lack of payments within means.

Bearden v. Georgia, 461 U.S. 660 (U.S. 1983) (inquiry required into reasons for nonpayment; alternatives to imprisonment must be considered)
Tate v. Short, 401 U.S. 395 (U.S. 1971) (equal protection concerns with imprisonment for nonpayment)
Williams v. Illinois, 399 U.S. 235 (U.S. 1970) (nonpayment as a basis for punishment; due process concerns)
Walker v. Stokes, 54 Ohio App.2d 119 (8th Dist. 1977) (state constitutional concerns in nonpayment contexts)
State v. Long, 53 Ohio St.2d 91 (1978) (plain error standard for criminal appeals)
State v. Xie, 62 Ohio St.3d 521 (1992) (standard for withdrawing guilty pleas; abuse of discretion)
State v. Bell, 2007-Ohio-3276 (8th Dist. 2007) (manifest injustice standard for plea withdrawals)
State v. Malone, 2009-Ohio-1364 (8th Dist. 2009) (extreme standard for manifest injustice)