State v. Prince, 2012 Ohio 4111

Prince was arrested Oct. 4, 2011 after heroin and drug paraphernalia were found in a vehicle at a rest area; he admitted ownership.
Grand jury indicted Prince Oct. 6, 2011 on possession of heroin (Fifth Degree) and possession of drug abuse instruments (Misdemeanor).
A jail-cell search on that date uncovered heroin in Prince’s possession; the information led to a Bill of Information for illegal conveyance of drugs into a correction facility.
On Oct. 12, 2011 Prince pled not guilty; he filed handwritten motions while jailed, and the court declined hybrid representation.
On Nov. 23, 2011, Prince briefly accepted a plea agreement: guilty to Count I (F5) with max 12 months; State would nolle pros. Count II; and Prince would be prosecuted by Information for illegal conveyance (max 36 months).
Prince later moved pre-sentencing to withdraw his guilty pleas; the trial court held a hearing and denied the motion on Jan. 9, 2012; sentencing followed on Jan. 13, 2012 with concurrent terms totaling 48 months.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion denying a pre-sentence motion to withdraw plea.	Prince contends he lacked clear awareness due to medication issues and misunderstood penalties.	Prince asserts lack of medication and incorrect understanding of maximum penalties justified withdrawal.	No abuse of discretion; refusal affirmed.

State v. Xie, 62 Ohio St.3d 521 (1992) (presentence withdrawal should be freely granted but not automatic)
State v. Drake, 73 Ohio App.3d 640 (1991) (hearing required; change of mind not automatic basis to withdraw)
State v. Adams, 62 Ohio St.2d 151 (1980) (abuse of discretion standard for withdrawal decisions)
State v. Hoke, 2011-Ohio-1221 (2011) (courts may evaluate defendant’s motivation and credibility; not all changes of mind qualify)
State v. Kutnyak, 6th Dist. WD-11-038, 2012-Ohio-3410 (2012) (consideration of withdrawal factors under abuse-of-discretion standard)