State v. Locher
2012 Ohio 787
Ohio Ct. App.2012Background
- Locher pleaded guilty to illegal possession of chemicals for drug manufacture under a plea agreement calling for a two-year sentence conditioned on bond compliance.
- Before sentencing, Locher failed a drug test, triggering a potential five-year sentence by breach of bond.
- Locher moved pre-sentence to withdraw his guilty plea; the trial court held a hearing and denied the motion.
- Locher argues the pre-sentence search and seizure were unlawful, making his plea involuntary and warranting withdrawal.
- The Fourth District affirmed, concluding the motion to withdraw was not supported by a legitimate basis and the court acted within its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion denying Crim.R. 32.1 withdrawal | Locher: withdrawal warranted due to suppression issues and mistaken plea | Locher: deny withdrawal only on mere change of heart; suppression merit unsupported | No abuse; denial affirmed |
Key Cases Cited
- State v. Nickelson, 2011-Ohio-1352 (4th Dist. 2011) (pre-sentence withdrawal discretion standard)
- State v. Xie, 62 Ohio St.3d 521 (1992) (mandatory hearing before withdrawal; substantial rights)
- State v. Campbell, 2009-Ohio-4992 (4th Dist. 2009) (factors for abuse of discretion in withdrawal motions)
- State v. McNeil, 146 Ohio App.3d 173 (1st Dist. 2001) (criteria for evaluating withdrawal motions)
- State v. Hoke, 2011-Ohio-1221 (4th Dist. 2011) (change of heart not a basis to withdraw plea)