State v. Hunter
2013 Ohio 5022
Ohio Ct. App.2013Background
- Kenneth J. Hunter pled guilty on December 3, 2012 to one count of breaking and entering and one count of vandalism for damaging commercial air conditioners and stealing copper/aluminum.
- The trial court immediately sentenced him to 12 months (breaking & entering) and 18 months (vandalism) to be served consecutively, and ordered $29,800 restitution.
- Hunter filed a post-sentence motion to withdraw his guilty plea on January 22, 2013, then filed a pro se delayed-notice of appeal on January 28, 2013; this court later granted leave for the delayed appeal.
- The trial court denied the motion to withdraw the plea on February 6, 2013. Hunter appealed, raising three assignments: denial of plea-withdrawal without a hearing; failure to advise appellate rights at sentencing; and ineffective assistance of counsel.
- The appellate court considered jurisdictional and notice issues but exercised discretion to review the plea-withdrawal denial on the merits. The court affirmed the conviction and sentence in all respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Hunter’s post-sentence motion to withdraw his guilty plea without a hearing | State: Trial court properly denied motion; record shows plea was knowing and voluntary and no manifest injustice shown | Hunter: Counsel misrepresented plea/consequences and the court sentenced immediately so his post-sentence motion should be treated as presentence; he asked for a hearing | Court: No abuse of discretion; plea complied with Crim.R. 11, Hunter’s claims were essentially a change of heart, and record showed no manifest injustice; hearing unnecessary |
| Whether the trial court erred by failing to advise Hunter of appellate rights at sentencing | State: Concedes omission but argues harmless because appellate counsel was appointed and delayed appeal was granted | Hunter: Trial court failed to give mandatory Crim.R. 32(B) advisals at sentencing, prejudicing his appeal rights | Court: Error acknowledged but deemed harmless — Hunter received appointed counsel and leave for delayed appeal, so no prejudice shown |
| Whether Hunter received ineffective assistance of counsel invalidating his plea | State: Counsel’s performance did not render plea unknowing or involuntary; record shows counsel gave mitigation and Hunter acknowledged understanding | Hunter: Counsel misrepresented prosecution’s offer, failed to present mitigation effectively, and did not rebut victim’s statements | Court: Ineffective-assistance claim fails — plea was knowing/voluntary under Crim.R. 11; counsel’s performance was adequate and did not create a reasonable probability Hunter would have gone to trial |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (post-sentence plea-withdrawal allowed only to correct a manifest injustice)
- State v. Smith, 49 Ohio St.2d 261 (1977) (defendant bears burden to show manifest injustice for post-sentence plea withdrawal)
- United States v. Broce, 488 U.S. 563 (1989) (guilty plea waives non-jurisdictional trial errors unless plea was not knowing and voluntary)
- State v. Kelley, 57 Ohio St.3d 127 (1991) (plea bargains waive trial errors except those affecting knowing and voluntary nature of plea)
- State v. Barnett, 73 Ohio App.3d 244 (1991) (ineffective-assistance claims after plea succeed only if defects made plea unknowing or involuntary)