State v. Liles, 2010 Ohio 5799

Liles was indicted in Allen County on five counts of trafficking in drugs in April 2003.
He initially pled not guilty to all counts, then pled guilty to counts three and four pursuant to a plea agreement; two counts and one count were dismissed.
The State agreed to recommend seven years’ imprisonment as part of the plea.
In March 2004, the trial court sentenced Liles to 9 years (count III) and 7 years (count IV) consecutive for an aggregate 16 years, plus fines, restitution, and a five-year license suspension.
Liles failed to appear for the August 2003 sentencing, leading to a bench warrant.
In 2010, Liles moved to resentence and to withdraw his guilty pleas based on post-release-control notification issues and the 16-year sentence; the trial court denied the withdrawal motion and resentenced him to the same 16-year term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Duty to withdraw pre-sentence plea	Liles argues the court failed to properly weigh Griffin factors.	State contends the court reasonably exercised discretion and the motion lacked a valid basis.	No abuse of discretion; denial affirmed.
Ineffective assistance of counsel	Liles asserts counsel failed to warn him of potential 18-year sentence and its impact on plea.	State contends counsel acted reasonably and Liles understood consequences; no prejudice shown.	No ineffective-assistance error established.
Knowing, voluntary plea	Liles claims the plea was not knowingly entered due to disregard of the sentencing recommendation.	State notes trial court warned defendant it would determine sentence and that defendant understood the plea.	Plea knowingly, intelligently, and voluntarily entered.

State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence withdrawal requires a hearing and a reasonable basis)
State v. Crable, 2004-Ohio-6812 (7th Dist.) (sentencing conclusions in plea negotiations not binding; court's discretion)
State v. Mayle, 2004-Ohio-2203 (11th Dist.) (court may impose greater sentence than state’s recommendation when warned)
State v. Hunley, 2003-Ohio-5539 (12th Dist.) (recognizes that court can reject prosecution’s recommended sentence)
State v. Boswell, 2009-Ohio-1577 (Ohio) (post-sentence review; pre-sentence motion framework)
State v. Lane, 2010-Ohio-4819 (3d Dist.) (Griffin factors for presentence withdrawal applied)
State v. Nathan, 1995-Ohio-App-3d (3d Dist.) (abuse-of-discretion standard in withdrawal of plea)
State v. Xie, 62 Ohio St.3d 521 (1992) (defendant bears burden to show a reasonable basis for withdrawal)
Johnson v. Zerbst, 304 U.S. 458 (1938) (knowing voluntary and intelligent plea requirements)
State v. Mayle, 2004-Ohio-2203 (11th Dist.) (court may impose greater sentence than plea inducement)