State v. Miller, 2014 Ohio 4508

Miller was convicted in 2011 CR 91 for having weapons while under disability and possession of crack cocaine, with a firearm specification and concurrent treatment to 2008 CR 1122.
A prior 2008 case involved possession of heroin, cocaine, and marijuana; a re-indictment added a weapons-under-disability count, and suppression issues were litigated.
The 2008 conviction was reversed and vacated by the Second District Court of Appeals, affecting the overall sentence exposure.
Miller moved to withdraw his guilty plea and to obtain jail-time credit; the trial court denied the motions, denying manifest injustice.
The appellate court affirmed, holding no manifest injustice and affirming the denial of the motion to withdraw plea and the jail-time credit denial.
Key issue: whether Miller is entitled to jail-time credit for time in the vacated 2008 case and whether the plea could be vacated after the 2008 case reversal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jail-time credit for time in vacated case	Miller contends he is entitled to jail-time credit for time served in 2008 CR 1122.	The 2008 confinement did not arise from the offenses in 2011 CR 91; no credit should apply under RC 2967.191.	Jail-time credit not awarded; confinement in vacated case not arising from current offenses.
Motion to withdraw plea / manifest injustice	Change in law after plea could render the plea voidable; there were extraordinary circumstances to permit withdrawal.	No manifest injustice; Miller absented himself; sentencing law change does not justify withdrawal.	Motion to withdraw plea denied; no manifest injustice; plea voluntarily made.

State v. Peterseim, 68 Ohio App.2d 211 (8th Dist. 1980) (guilty plea withdrawal limited; only for manifest injustice)
State v. Powell, 2010 Ohio App. LEXIS (2nd Dist. 2010) (manifest injustice standard for plea withdrawal)
State v. Banks, 2013-Ohio-2116 (2d Dist. Montgomery 2013) (burden on defendant to show manifest injustice)
State v. Reed, 2001 WL 1173329 (2d Dist. Clark 2001) (Crim.R. 32.1; post-sentence withdrawal for manifest injustice)
State v. Bradley, 2008-Ohio-6033 (2d Dist. Montgomery 2008) (abuse of discretion standard; withdrawal not granted on change of heart)
State v. Davidson, 2005-Ohio-2762 (2d Dist. Greene 2005) (factors for not abusing discretion in denial of plea withdrawal)
State v. Flemings, 2011-Ohio-4286 (2d Dist. Montgomery 2011) (mathematical jail-time credit issues; correction before trial court)
State v. Fugate, 117 Ohio St.3d 261 (2008) (RC 2967.191; jail-time credit applicable to confinement arising from offense)
State v. Taniguchi, 74 Ohio St.3d 154 (1996) (R.C. 2923.13 weapon-under-disability conviction not precluded by acquittal/dismissal)