State v. Mathis
2014 Ohio 1841
Ohio Ct. App.2014Background
- Mathis pleaded guilty to attempted felonious assault (third-degree) and domestic violence (fourth-degree); kidnapping count was nolled.
- He was on probation for a prior menacing-by-stalking conviction when the incident occurred.
- The court imposed concurrent 18-month terms for the merged offenses and a 10-month term on the probation-violation case.
- Mathis threatened his wife in open court and continued threats after removal, prompting the court to consider the seriousness and safety concerns in sentencing.
- The court ultimately imposed a longer, within-range consecutive sentence after the outburst and deferred a formal withdrawal decision until after sentencing.
- Mathis appeals asserting three errors: validity of the plea, withdrawal of the plea, and alleged vindictive retaliation by the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the guilty plea | Mathis argues plea was not voluntary due to coercion and counsel's ineffective representation | Court engaged in proper Crim.R. 11 colloquy and did not coerce | Plea valid, voluntary, and intelligent |
| Motion to withdraw the guilty plea | Motion should be granted due to manifest injustice | No manifest injustice; withdrawal denied post-sentencing | denial of withdrawal upheld |
| Vindictive retaliation in sentencing | Sentence lengthening was vindictive retaliation for outburst | Sentence within discretion; no vindictive presumption | No vindictive conduct; sentence affirmed |
Key Cases Cited
- Engle v. State, 74 Ohio St.3d 525 (Ohio 1996) (Crim.R. 11 colloquy requirements; voluntary guilty plea)
- State v. Boswell, 121 Ohio St.3d 575 (Ohio 2009) (Presentence withdrawal standards; liberal approach to plea withdrawal)
- State v. Thomas, 2005-Ohio-4145 (Ohio 2005) (Change-of-heart not sufficient to withdraw plea post-sentence)
- State v. Drake, 73 Ohio App.3d 640 (Ohio 1991) (Plea withdrawal standards and lack of coercive conduct)
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969) (Presumption against vindictive sentencing following appeal)
- State v. Wyley, 8th Dist. Cuyahoga No. 78315 (2001) (Post-sentence withdrawal standards (note: non-official citation context))