State v. Hess, 2012 Ohio 961

Hess was indicted on 26 counts of Forgery, eight counts of Insurance Fraud, two counts of Perjury, and one count of Grand Theft.
He pled guilty to Perjury, Grand Theft, and seven counts of Insurance Fraud, with the State dismissing the remaining counts and remaining silent on sentencing.
Prior to sentencing, Hess moved to withdraw his guilty plea, which the trial court denied.
Hess was sentenced to community control and ordered to pay restitution totaling $114,926.58 to five companies.
Hess challenges the plea as not knowingly/voluntarily made, the withdrawal denial, rulings on suppression and dismissal motions, and the restitution order, on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the guilty plea knowingly, intelligently, and voluntarily entered?	Hess argues medication impaired understanding.	Hess contends drugs rendered plea involuntary.	Plea was knowingly, intelligently, and voluntarily entered.
Did the trial court abuse its discretion by denying the motion to withdraw the plea?	Xie factors not satisfied; withdrawal warranted.	No abuse; competent counsel, full Crim.R. 11 hearing, fair consideration.	No abuse; motion to withdraw denied.
Did the trial court err in denying the motion to suppress evidence?	Probable cause for search lacking.	suppression denied despite lack of substantial evidence.	Guilty plea waived pre-trial rulings; no error prejudicial to voluntariness.
Did the trial court err in denying dismissal of counts for statute-of-limitations issues?	Counts should be dismissed for timeliness.	Plea waived these challenges; dismissal not error.	Plea waiver defeats challenge to suppression/dismissal rulings.
Was the restitution amount properly awarded?	Restitution payments align with victims’ actual losses.	Some awards improperly duplicative or to non-victims.	Restitution award supported by evidence and within court’s discretion.

State v. Bowen, 52 Ohio St.2d 27 (Ohio 1977) (due-process requirements for knowing pleas; Crim.R. 11 substantial compliance)
State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (substantial compliance standard for Crim.R. 11; totality of circumstances)
State v. Stewart, 51 Ohio St.2d 86 (Ohio 1977) (requirements to inform rights before plea)
State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (sufficiency of plea withdrawal considerations; factors for withdrawal)
State v. Peterseim, 68 Ohio App.2d 211 (Ohio 1980) (judicial discretion in approving withdrawal of guilty plea)
State v. Brown, 43 Ohio App.3d 39 (Ohio 1988) (credibility of witnesses in withdrawal proceedings; appellate review standard)
State v. Kelley, 57 Ohio St.3d 127 (Ohio 1991) (waiver of appellate issues when plea entered)
State v. Williams, 34 Ohio App.3d 33 (Ohio 1986) (restoration of victims; standard for restitution amount)
State v. Warner, 55 Ohio St.3d 31 (Ohio 1990) (supporting evidence required for restitution determinations)
State v. Wheeler, 2011-Ohio-3423 (Ohio 2d Dist. (Montgomery)) (reiteration of guilty plea waivers post-plea rulings)
State v. Barrett, 2011-Ohio-2303 (Ohio 2d Dist. (Montgomery)) (plea waivers affect pre-trial rulings on appeal)