State v. Liskany
964 N.E.2d 1073
Ohio Ct. App.2011Background
- Defendant Liskany pled guilty to two counts of felonious assault and one count of attempted felonious assault under a plea agreement that the state would drop the endangering-children charges and recommend a sentence not more than four years.
- At sentencing, the State’s recommendation was stated as not less than four years due to a misstatement; the court imposed 16 years.
- A presentence investigation reported prior child-endangering and other offenses; a Spicer letter urged the longest possible punishment.
- Liskany filed Crim.R. 32.1 motion to withdraw the plea alleging ineffective assistance and misrepresentations by counsel; the trial court denied.
- The trial court later found the Spicer letter breached the plea agreement; the court remanded for resentencing not to consider the Spicer letter; the plea withdrawal motion was denied, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea voluntarily entered given alleged counsel misrepresentations? | Liskany argues Mulligan misrepresented the sentence and discussions with the court. | Mulligan allegedly induced a plea through promises or misstatements about the sentence. | No manifest injustice; plea voluntary and counsels’ representations not proven deficient. |
| Did Captain Spicer’s letter breach the plea agreement? | Spicer’s letter sought the longest possible punishment contrary to the agreement. | State agents’ statements should be within the agreement’s bounds. | Spicer letter breached the agreement; second assignment sustained. |
| Should the plea be withdrawn or resentencing conducted due to the breach? | Breach and possible misrepresentations justify withdrawal or remand. | No withdrawal; trial court’s sentencing error can be cured by remand. | Motion to withdraw denied; however, remand for resentencing with guidance not to consider Spicer letter. |
Key Cases Cited
- State v. Renner, 2011-Ohio-502 (Ohio App. 2011) (abuse-of-discretion standard for manifest injustice when withdrawing plea)
- State v. McComb, 2008-Ohio-295 (Ohio App. 2009) (manifest injustice when plea induced by misstatement of sentence)
- Matson v. State, 674 N.W.2d 51 (Wis. 2003) (investigating-officer’s letter may breach plea if it undercuts prosecutor’s bargain)
- State v. Lee, 501 So.2d 591 (Fla. 1987) (settlement integrity of plea bargains)
- State v. Hart, 2005-Ohio-107 (Ohio App. 2005) (breach remedies when plea promises are violated)