State v. Patterson
2014 Ohio 4962
Ohio Ct. App.2014Background
- Troy Patterson was indicted on 17 counts (including aggravated burglary, aggravated robbery, kidnapping, felonious assault) with firearm specifications arising from an October 2007 home invasion involving five victims.
- Patterson pleaded guilty on August 20, 2013 to one count of aggravated robbery and one count of aggravated burglary in exchange for dismissal of all other counts and firearm specifications; plea agreement set a sentencing range of 3–9 years.
- Less than one month later Patterson filed a pre-sentence motion to withdraw his guilty plea, claiming defense counsel pressured him, promised a three-year term, and pointing to affidavits recanting eyewitness IDs.
- The trial court held an evidentiary hearing, credited defense counsel’s testimony that he never promised a three-year term and that the recanting affidavits were suspect, and denied the motion as a mere change of heart.
- At sentencing the court imposed concurrent eight-year terms; Patterson appealed arguing (1) the trial court abused its discretion in denying the plea-withdrawal motion and (2) counsel’s ineffective assistance rendered the plea unknowing and involuntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion in denying pre-sentence motion to withdraw plea | Trial court: applied pre-sentence standard, held Patterson’s claims not credible, found no reasonable and legitimate basis for withdrawal | Patterson: timely moved, no prejudice to State, recanting affidavits and counsel pressure/support for withdrawal | No abuse of discretion; trial court reasonably discredited Patterson, found change of heart, denial affirmed |
| Whether counsel’s representation was ineffective such that plea was involuntary | State: counsel investigated, advised that affidavits were suspect; full Crim.R.11 colloquy showed Patterson was satisfied | Patterson: communication breakdown; counsel’s denigration of affidavits caused panic and induced plea; advice deficient and prejudicial | No ineffective assistance; counsel’s assessment was reasonable, Crim.R.11 hearing showed plea was knowing, voluntary, and intelligent |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (pre-sentence plea-withdrawal motions "should be freely and liberally granted" but defendant must show reasonable and legitimate basis)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (Ohio’s statement and application of the Strickland standard)