State v. Kornet
2013 Ohio 3480
Ohio Ct. App.2013Background
- Kornet was indicted for Aggravated Robbery with a firearm specification in Portage County, Ohio.
- He pled guilty on November 14-15, 2012 to the charges as stated in the indictment.
- A Written Plea of Guilty was filed, acknowledging the rights waived by pleading guilty.
- The court accepted the guilty plea on November 15, 2012 and found it knowingly and voluntarily entered.
- Kornet later moved to withdraw the guilty plea and vacate the finding, asserting reliance on a belief that charges against his fiancée would be dropped.
- At a December 17, 2012 hearing, Kornet sought withdrawal only of the firearm specification; the court denied the motion and sentenced him to 10 years (7 for robbery, 3 for firearm spec), plus a $200 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence violates sentencing statutes or is an abuse of discretion. | Kornet argues the court failed to adequately consider R.C. 2929.11-12 factors. | State contends the court complied with the statutory factors and Foster permits within-range sentences. | No reversible error; sentence within statutory range and factors deemed considered. |
| Whether the pre-sentence motion to withdraw the guilty plea was properly denied. | Kornet contends a full and fair hearing was not provided and withdrawal should be liberally granted. | State argues Peterseim factors were satisfied and hearing was full and impartial. | No abuse of discretion; Peterseim factors met and hearing was full and fair. |
Key Cases Cited
- State v. Foster, 109 Ohio St.3d 1 (Ohio Sup Ct 2006) (holds trial courts may impose any sentence within statutory range without explicit reason for more than minimum)
- State v. Kalish, 120 Ohio St.3d 23 (Ohio Sup Ct 2008) (requires consideration, not explicit factual findings, of seriousness and recidivism factors)
- State v. Arnett, 88 Ohio St.3d 208 (Ohio Sup Ct 2000) (No mandatory language for findings; court need not articulate factors in detail)
- State v. Peterseim, 68 Ohio App.2d 211 (11th Dist. 1980) (established four-factor test for reviewing pre-sentence withdrawal of plea)
- State v. Xie, 62 Ohio St.3d 521 (Ohio Sup Ct 1992) (pre-sentence withdrawal should be granted liberally but not as of right)
- State v. Battersby, 2008-Ohio-836 (11th Dist. 2008) (not entitled to withdraw plea merely because of change of mind)
- Bekesz, 75 Ohio App.3d 436 (11th Dist. 1991) (distinguishable when appellant denied full hearing)