State v. Jones, 2011 Ohio 2914

Jones was indicted on four counts including two aggravated murders and related weapon and kidnapping charges in Cuyahoga County.
A plea offer was extended: plead to one count of aggravated murder with certain specifications deleted and second count dismissed; the state would also dismiss the second aggravated murder charge.
At a May 17, 2010 Crim.R. 11 plea, Jones allegedly accepted the offer after discussion with counsel.
The court accepted the plea and announced intent to sentence later that day; Jones later sought to withdraw the plea in open court.
A May 18, 2010 hearing was held on the withdrawal motion; Jones testified he pleaded guilty due to pressure and not the deal he wanted.
The trial court denied the motion to withdraw, and Jones was sentenced to a total effective term of 33 years to life.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying the presentence motion to withdraw the plea	Jones (State) argues withdrawal was warranted by Benson factors.	Jones contends the plea was involuntary due to pressure and should be withdrawn.	No abuse of discretion; motion denied upheld
Whether the trial court erred by failing to appoint counsel at the withdrawal hearing	State asserts no error; counsel not required to be appointed sua sponte.	Jones argues lack of counsel violated rights, given coercive circumstances.	No error; court did not err in not sua sponte appointing counsel

State v. Benson, 2004-Ohio-1677 (Ohio Ct. App.) (eight-factor test guiding presentence withdrawal rulings)
State v. Xie, 62 Ohio St.3d 521 (1992) (abuse-of-discretion standard for presentence withdrawals)
State v. Adams, 62 Ohio St.2d 151 (1980) (abuse-of-discretion framework for withdrawals)
State v. Pannell, 2008-Ohio-956 (Ohio Ct. App.) (cited for factors supporting withdrawal review)
Novak, Cuyahoga App. No. 72849 (1998) (timing consideration for post-plea withdrawal motions)