State v. Hopper
2013 Ohio 5091
Ohio Ct. App.2013Background
- State v. Hopper involved multiple offenses in Ohio arising from crimes across several states.
- Hopper pled guilty in Warren County to most charges and to firearm specifications; SVP specifications were dismissed.
- He received a total Warren County sentence of 40 years; federal sentence was 32 years for 18 U.S.C. 924(c) counts.
- Hopper later learned that federal and state sentences could not run concurrently; 18 U.S.C. 924(c) prohibits concurrent terms.
- In 2013 Hopper, pro se, moved to withdraw his Warren County guilty plea under Crim.R. 32.1; the trial court denied the motion.
- Appellate record lacks transcripts of the change-of-plea and sentencing hearings, hindering review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea withdrawal was warranted by a breached promise of concurrent sentencing. | Hopper claims the state promised concurrency with federal and Kentucky sentences. | State breached the plea agreement by not concurrentizing sentences. | No manifest injustice; no breach proven; trial court did not abuse discretion. |
| Whether post-sentencing withdrawal requires a manifest injustice showing. | Hopper argues for withdrawal due to due-process breach. | State argues Crim.R. 32.1 allows withdrawal only for manifest injustice after sentence. | Manifest injustice not shown; Crim.R. 32.1 discretion proper to deny. |
| Impact of missing transcript on appellate review. | Record omission prevents review of plea validity. | Record insufficient to establish error; presumption of regularity applies. | Record omissions require affirmation; cannot demonstrate error without transcript. |
| Effect of plea form and lack of promised concurrent terms on validity of plea. | Plea form failed to inform of promises; concurrency anticipated by Hopper. | No evidence in record of promises to concurrent sentences; Kentucky/federal statute unaffected plea validity. | No breach proven; plea valid; court did not abuse discretion. |
Key Cases Cited
- State v. Pasturzak, 4th Dist. Scioto No. 08CA3252 (2009-Ohio-4222) (due-process breach may allow withdrawal of guilty plea)
- State v. Lampson, 10th Dist. Franklin No. 09-AP-1159 (2010-Ohio-3575) (promises in plea may warrant withdrawal)
- State v. Williams, 12th Dist. Clermont No. CA2012-08-060 (2013-Ohio-1387) (manifest injustice standard for post-sentence withdrawal)
- State v. Smith, 49 Ohio St.2d 261 (1977) (high standard for Crim.R. 32.1 withdrawal)
- State v. Hopkins, 12th Dist. Butler No. CA2012-12-246 (2013-Ohio-3674) (abuse of discretion standard for plea-withdrawal denials)
- State v. Kelly, 12th Dist. Butler No. CA2013-01-020 (2013-Ohio-3675) (preservation/review of Crim.R. 32.1 decisions)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (omitted transcript requires presumption of regularity)