State v. Pitts, 2014 Ohio 17

On June 14, 2012, Pitts was stopped after running a red light; officer found he was driving under suspension and had a loaded Glock concealed in his waistband. He was indicted for one count of carrying a concealed weapon (R.C. 2923.12(A)(2)).
Pitts pleaded guilty in October 2012; sentence was deferred and he was placed on one year intensive probation in November 2012. He moved orally to withdraw his plea before sentencing; the trial court denied the motion.
Pitts appealed and sought appointment of appellate counsel as indigent; the trial court initially failed to appoint counsel, this court remanded and appointed counsel on appeal.
On January 7, 2013, after an alleged domestic assault, the victim handed two firearms to police that she said belonged to Pitts; Pitts was later arrested for violating probation for possessing firearms while on community control.
At the revocation hearing Pitts admitted the guns were his but testified he had given them to his girlfriend while on probation (guns allegedly unloaded and locked) and denied they were at his residence when police responded. The trial court found a probation violation and sentenced Pitts to 12 months in prison.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying Pitts’ motion to withdraw his guilty plea (pre-sentence)	State: Plea valid; Pitts cannot show a reasonable basis that he is perhaps not guilty or has a complete defense	Pitts: He possessed an Ohio security-guard certificate (R.C. 4749.10) and believed it authorized concealed carry, so he perhaps was not guilty	Court: Denial affirmed — pre-sentence withdrawal requires reasonable basis; Pitts failed to show a complete defense because R.C. 4749.10 does not by itself authorize concealed carry without a separate concealed-carry permit
Whether revocation of community control was against the manifest weight/sufficiency of the evidence	State: Presented substantial, credible evidence (guns recovered from Pitts’ residence; Pitts admitted they were his)	Pitts: He had transferred guns to his girlfriend during probation; she returned them after he left — court should not credit State’s version	Court: Revocation affirmed — some competent, credible evidence supported violation; credibility determinations were for the trial court

Machibroda v. United States, 368 U.S. 487 (pleading guilty is a grave decision and constitutes an admission of guilt)
United States v. Broce, 488 U.S. 563 (guilty plea admits commission of substantive crime)
State v. Xie, 62 Ohio St.3d 521 (pre-sentence plea-withdrawal motions should be freely allowed but require reasonable and legitimate basis; trial court has discretion)
State v. Cuthbertson, 139 Ohio App.3d 895 (factors for considering plea-withdrawal motions)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (appellate review must favor sustaining verdict where evidence allows multiple constructions)
Cross v. Ledford, 161 Ohio St. 469 (trial court assesses testimonial credibility; number of witnesses not dispositive)
Jamison v. State, 49 Ohio St.3d 182 (weight of evidence and credibility are for the trier of fact)