State v. Minifee
2013 Ohio 3146
Ohio Ct. App.2013Background
- On April 26, 2012 Patrick Minifee was involved in a shooting/robbery of off-duty Cleveland police officer Dwayne Borders; both were wounded and two firearms were recovered from Minifee’s vehicle.
- A Cuyahoga County grand jury indicted Minifee on multiple first‑degree felonies (including kidnapping, attempted murder, felonious assault, aggravated robbery) and several lesser felonies with firearm and forfeiture specifications.
- On September 26, 2012 Minifee withdrew his not‑guilty plea and pled guilty to the indicted offenses pursuant to a plea agreement in which the State recommended 19.5 years’ imprisonment.
- At the October 1, 2012 sentencing hearing Minifee moved, before sentence, to withdraw his guilty plea claiming coercion by counsel, lack of counsel preparation, and innocence; the trial court denied the motion and imposed the agreed 19.5‑year sentence and court costs (finding him indigent but not waiving costs).
- Minifee appealed, raising four assignments: Crim.R. 11(C) violations (plea not knowing/voluntary), abuse of discretion denying presentence withdrawal under Crim.R. 32.1, improper assessment of court costs against an indigent defendant, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Minifee) | Held |
|---|---|---|---|
| 1. Crim.R. 11(C) compliance — plea knowing and voluntary | Trial court substantially complied with Crim.R. 11; plea colloquy and prosecutor’s statements adequately informed defendant | Plea was not knowing/voluntary; court failed to explain elements of “purposefully” and “complicity” for attempted murder and did not inquire sufficiently about kidnapping | Court: substantial compliance with Crim.R. 11(C)(2)(a); defendant acknowledged understanding charges during colloquy; no prejudice shown — assignment overruled |
| 2. Motion to withdraw plea under Crim.R. 32.1 (presentence) | Trial court thoroughly heard the motion, defendant had competent counsel and full Crim.R. 11 hearing; denial was within discretion | Plea was coerced by counsel, counsel unprepared, and defendant is innocent | Court: no abuse of discretion denying presentence withdrawal; claims were conclusory/change of heart and unsupported by record — assignment overruled |
| 3. Assessment of court costs against indigent defendant | R.C. 2947.23 requires assessment of costs against convicted defendants; court may assess costs even if indigent and may order community service | As indigent, costs should have been waived | Court: trial court found defendant indigent and waived fines but properly assessed costs under statute and acted within discretion — assignment overruled |
| 4. Ineffective assistance of counsel for alleged poor handling of withdrawal hearing | Counsel denied coercion and lack of preparation; counsel’s conduct was not objectively unreasonable | Counsel failed to adequately defend the withdrawal motion and coerced plea | Court: counsel’s responses were not deficient; even if deficient, defendant showed no prejudice — assignment overruled |
Key Cases Cited
- State v. Nero, 56 Ohio St.3d 106, 564 N.E.2d 474 (1990) (standard for reviewing whether plea was knowingly, intelligently, and voluntarily entered)
- State v. Xie, 62 Ohio St.3d 521, 584 N.E.2d 715 (1992) (presentence motions to withdraw guilty plea should be freely allowed; trial court must hold a hearing and decision reviewed for abuse of discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (1983) (abuse of discretion standard)
- State v. White, 103 Ohio St.3d 580, 817 N.E.2d 393 (2004) (court may assess costs against indigent felony defendant)
- State v. Clevenger, 114 Ohio St.3d 258, 871 N.E.2d 589 (2007) (financial status irrelevant to imposition of costs; court may order community service for nonpayment)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard — performance and prejudice prongs)
- State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989) (strong presumption counsel’s conduct was reasonable)
- State v. Stewart, 51 Ohio St.2d 86, 364 N.E.2d 1163 (1977) (prejudice test for Crim.R. 11 defects)
- State v. Peterseim, 68 Ohio App.2d 211, 428 N.E.2d 863 (1980) (factors for evaluating withdrawal of plea)
Justice: Judgment affirmed; convictions and 19.5‑year sentence upheld; court costs assessed as ordered.