State v. Maney
2013 Ohio 2261
Ohio Ct. App.2013Background
- The Defiance County Grand Jury indicted Maney on aggravated burglary (first-degree) and domestic violence (third-degree) in case 11 CR 11239.
- Maney was arraigned on Oct. 27, 2011 and entered not guilty pleas to both counts.
- A second indictment charged six counts of violating a temporary protection order in case 12 CR 11316.
- At a May 29, 2012 change-of-plea, Maney pleaded no contest to the specified counts in both cases in exchange for dismissal of remaining charges; a PSI was ordered.
- On July 24, 2012, the trial court denied pre-sentence Crim.R. 32.1 motions to withdraw pleas and sentenced Maney to four years (11 CR 11239) and six months on each of the four 12 CR 11316 convictions, with consecutive terms for an aggregate six years.
- Maney filed pre-sentence motions to withdraw pleas (pro se and counsel) in July 2012; he appealed after sentencing, and the court later denied the withdrawals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the four-year DV sentence exceeded the statutory maximum | Maney contends the max was 3 years under 2929.14(A)(3)(b). | Maney argues the court misapplied sentencing limits and PRC requirements. | Moot; court declines to resolve after reversal on other issue. |
| Whether the pre-sentence Crim.R. 32.1 motions to withdraw pleas were properly denied | Maney asserts he had a valid basis to withdraw before sentencing due to incorrect advisements and counsel deficiencies. | State contends motions were untimely or without substantial basis. | Abuse of discretion; judgments reversed and remanded for further proceedings. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence Crim.R. 32.1 liberal standard for withdrawal)
- State v. Spivey, 81 Ohio St.3d 405 (1998) (abuse-of-discretion review of withdrawal decisions)
- State v. Griffin, 141 Ohio App.3d 551 (2001) (enumerates factors for withdrawal analysis)
- State v. Fish, 104 Ohio App.3d 236 (1995) (various factors in withdrawal considerations)
- State v. Caplinger, 105 Ohio App.3d 567 (1995) (error regarding maximum penalty as reversible error)
- State v. Calvillo, 76 Ohio App.3d 714 (1991) (evidence of impact of incorrect advisement on waiver)
- State v. Davenport, 2012-Ohio-4013 (2012) (incorrect PRC advisement; sentencing context)
- State v. Weems, 2011-Ohio-721 (2011) (PRC advisement and sentencing considerations)
- State v. Roberts, 3d Dist. No. 8-98-33 (1999) (discussion of Crim.R. 11(C) error awareness)