State v. Hoke
2011 Ohio 1221
Ohio Ct. App.2011Background
- Indictment charged rape under R.C. 2907.02(A)(1)(b) and failure to provide a change of address under R.C. 2950.05(E)(1); Hoke initially pled not guilty but later pleaded guilty.
- Before the Crim.R. 11 plea, Hoke signed a four-page, 26-question form tracking Crim.R. 11; he answered all questions and stated understanding of rights waived by pleading guilty.
- At the plea hearing, the court explained charges and penalties, and Hoke acknowledged understanding that a guilty plea is an admission of the allegations.
- Before sentencing, Hoke moved to withdraw his guilty pleas, claiming he did not knowingly, intelligently, and voluntarily enter the plea because he did not fully appreciate the consequences.
- The trial court held a hearing, denied the motion, and later sentenced Hoke to life imprisonment with parole eligibility after 15 years for rape and 11 months for the change-of-address offense.
- On appeal, Hoke raises two assignments of error: denial of the motion to withdraw the plea and ineffective assistance of counsel based on an alleged off-record discussion about a sister's testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying pre-sentence withdrawal of guilty plea | Hoke asserts plea withdrawal due to lack of understanding. | State contends no reasonable basis shown; prior Crim.R. 11 hearing was proper. | No abuse; denial affirmed. |
| Whether counsel was ineffective based on alleged off-record statements about a sister's testimony | Hoke alleges counsel misinformed him about sister testifying against him. | State argues off-record statements are not proper for direct appeal and require postconviction relief. | Ineffectiveness claim rejected on direct appeal. |
Key Cases Cited
- State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (pre-sentence withdrawal standard and discretion)
- State v. Xie, 62 Ohio St.3d 521 (1992) (standard for pre-sentence withdrawal; liberal policy)
- State v. Spivey, 81 Ohio St.3d 405 (1998-Ohio-437) (abuse of discretion framework for withdrawal)
- State v. Campbell, 2009-Ohio-4992 (Athens App.) (trial court duty to consider withdrawal factors)
- State v. Gibbs, 2010-Ohio-2246 (Ross App. Nos. 10CA3137 and 10CA3138) (withdrawal factors and timing considerations)
- State v. McNeil, 146 Ohio App.3d 173 (2001) (considerations for withdrawal of plea)
- State v. Drummond, 111 Ohio St.3d 14 (2006-Ohio-5084) (ineffective assistance standards (Strickland))