State v. Keehn
2014 Ohio 3872
Ohio Ct. App.2014Background
- Keehn was indicted on two counts of breaking and entering, fifth-degree felonies, in Henry County.
- He pled not guilty at arraignment, then pled guilty to both counts under a plea agreement.
- The State recommended 120 days, a 12-month reserve sentence, restitution, and work-release eligibility.
- Keehn sought to withdraw his guilty plea prior to sentencing; the trial court held a Crim.R. 11 colloquy and later denied withdrawal.
- Keehn was sentenced to three years of community control with 120 days in jail (work release), reserve-prison terms, and restitution.
- Keehn appealed, arguing the trial court abused its discretion by denying the presentence motion to withdraw his plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion | Keehn argues the court failed to consider a reasonable basis to withdraw plea. | State contends no abuse; proper factors weighed and withdrawal denied. | No abuse; denial affirmed. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (establishes standard for presentence withdrawal of guilty plea)
- State v. Lane, 2010-Ohio-4819 (3d Dist. Allen No. 1-10-10, 2010) (lists factors for review of withdrawal decisions)
- State v. Griffin, 141 Ohio App.3d 551 (Seventh Dist.2001) (preference for upholding plea decisions unless basis shown)
- State v. Ramsey, 2006-Ohio-2795 (3d Dist. Allen No. 1-06-2001) (change of heart not sufficient to withdraw plea)
- State v. Dunn, 2003-Ohio-4353 (3d Dist. Allen No. 1-02-98) (evidence of mental health must be corroborated)
- State v. Ballard, 66 Ohio St.2d 473 (1981) (informs Crim.R.11 rights and plea validity)