State v. Rivera
2014 Ohio 3378
Ohio Ct. App.2014Background
- Rivera, not a US citizen but a lawful permanent resident, lives in the US with family and pursued education here.
- Indicted in 2012 for burglary, two counts of criminal trespass, and trespass in habitation; the trespass charges merged with burglary.
- Rivera pleaded guilty to burglary and sexual battery after a suppression hearing and waivers on indictment and Grand Jury were explained.
- At plea, the court advised about deportation consequences for noncitizens; Rivera indicated understanding and waived Grand Jury indictment on sexual battery.
- In 2013 Rivera moved to withdraw his guilty plea prior to sentencing; a three-day evidentiary hearing followed.
- The trial court denied the presentence motion; Rivera was sentenced to 12 months for burglary and 54 months for sexual battery, consecutive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the presentence motion to withdraw a guilty plea was properly denied | Rivera argues denial was erroneous due to deportation risk and Crim.R.11 noncompliance | Rivera contends counsel ineffective for not warning about deportation and coercive plea | Court affirmed denial; no reversible abuse of discretion and no ineffective assistance established |
| Whether Crim.R. 11 requirements and voluntariness were satisfied | Rivera claims court failed to ensure understanding and lacked interpreter, undermining voluntariness | Rivera argues lack of interpreter and confusion undermined plea validity | Court held substantial compliance with Crim.R. 11; no reversible error in voluntariness finding |
| Whether intimidation by counsel voided the plea withdrawal decision | Rivera claims counsel threatened unfair trial due to racial bias and judge influence | Rivera asserts intimidation affected withdrawal decision | Court found no abuse of discretion; credibility resolved against Rivera |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence withdrawal standard and standard of review)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (demonstrates duty to inform on deportation consequences)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- State v. Nero, 56 Ohio St.3d 106 (1990) (totality-of-the-circumstances for Crim.R.11 compliance)
- State v. Todd, 2003-Ohio-6786 (Ohio App.3d 2003) (substantial compliance standard for waivers)
- State v. Ballard, 66 Ohio St.2d 473 (1981) (nonconstitutional rights waiver requires substantial compliance)
- State v. Cochran, 12th Dist. Preble No. CA2006-10-023, 2007-Ohio-3353 (2007) (credibility determinations are within trial court's province)