State v. Rock
2019 Ohio 1416
Ohio Ct. App.2019Background
- In 1997 David V. Rock, Jr. entered a no-contest plea to OVI in Willoughby Municipal Court; the record contains a signed written waiver of counsel dated May 22, 1997.
- In 2015 Rock was convicted of felony OVI with a specification based on five or more prior OVI convictions, including the 1997 conviction.
- In January 2018 Rock moved to withdraw the 1997 plea under Crim.R. 32.1 and to vacate the conviction (also invoking Civ.R. 60(B)), arguing the 1997 plea was uncounseled and entered without proper colloquy.
- The trial court denied the motion, relying on the written waiver in the 1997 record and precedent permitting reliance on such documentation where transcripts are unavailable.
- Rock appealed; this Court affirmed, finding no manifest injustice, noting the long delay (23 years) and that relief against the old conviction would not affect the valid enhancement relied on at the time of the 2015 conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rock may withdraw a 1997 no-contest plea post-sentencing as a "manifest injustice" under Crim.R. 32.1 | City: The written 1997 waiver and lack of transcript permit reliance on the record; no manifest injustice shown | Rock: 1997 plea was uncounseled; waiver was not knowing/voluntary so plea should be set aside | Affirmed: No abuse of discretion; written waiver suffices and Rock failed to make a prima facie showing of uncounseled plea |
| Whether the municipal court abused discretion by vacating (or failing to preserve) Rock’s right to counsel in 1997 | City: Court properly determined indigency status in 1997 and the written waiver shows valid relinquishment of counsel | Rock: As a young, transient, indigent person in 1997 he could not afford counsel; the court’s vacatur of appointed counsel was improper | Affirmed: Court did not err; delay and lack of evidence rebutting the written waiver preclude relief; relief would not affect the already-final enhancement |
Key Cases Cited
- State v. Brooke, 113 Ohio St.3d 199 (2007) (where transcripts are unavailable, a written waiver may prove the waiver was knowing and voluntary)
- State v. Thompson, 121 Ohio St.3d 250 (2009) (defendant must present evidence beyond mere allegation to show a prior conviction was uncounseled)
- State v. Brandon, 45 Ohio St.3d 85 (1989) (presumption that prior proceedings were regular; defendant must introduce contrary evidence)
- State v. Ishmail, 67 Ohio St.2d 16 (1981) (res judicata bars issues that could have been raised on direct appeal)
- State v. Smith, 49 Ohio St.2d 261 (1977) (undue delay in seeking plea withdrawal undermines credibility and militates against relief)