2021 Ohio 1656
Ohio Ct. App.2021Background
- Terrance Simmons was indicted on 25 counts arising from alleged sexual assaults and domestic-violence incidents involving two women; he pleaded guilty in March 2018 to 17 amended and original counts.
- The trial court sentenced Simmons to an aggregate prison term of 11 years, six months, mandatory postrelease control, tier III sex-offender classification, and restitution.
- Simmons appealed; this court affirmed his convictions in February 2019 but remanded limitedly to correct restitution and typographical errors.
- In April 2020 — after the appellate affirmance — Simmons filed a postsentence Crim.R. 32.1 motion seeking leave to withdraw his guilty pleas, claiming ineffective assistance of counsel and coercion; he attached an affidavit describing alleged undisclosed exculpatory text messages and counsel’s pressure.
- The trial court denied the motion without an evidentiary hearing; Simmons appealed, arguing the motion and affidavit were sufficiently detailed to require a hearing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Simmons) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Simmons’ postsentence Crim.R. 32.1 motion without a hearing | Trial court lacked jurisdiction to consider a post-appeal motion to withdraw a plea after the convictions were affirmed; thus denial without hearing was proper | The motion and affidavit sufficiently alleged coercion and ineffective assistance to show manifest injustice and therefore required an evidentiary hearing | Court affirmed: trial court did not abuse its discretion because, after appellate affirmance, it lacked jurisdiction to grant a postsentence Crim.R. 32.1 motion; denial without hearing was proper |
Key Cases Cited
- State ex rel. Special Prosecutors v. Judges, Belmont Cty. Court of Common Pleas Judges, 55 Ohio St.2d 94 (1978) (trial court lacks jurisdiction to entertain a Crim.R. 32.1 motion after an appeal has been taken and convictions affirmed)
- State v. Xie, 62 Ohio St.3d 521 (1992) (presentence motions to withdraw guilty pleas should be freely allowed and generally require a hearing)
- State v. Smith, 49 Ohio St.2d 261 (1977) (postsentence withdrawal requires a showing of "manifest injustice")
- State v. Ketterer, 126 Ohio St.3d 448 (2010) (trial court lacked authority to consider a motion to withdraw a plea where convictions were affirmed and remand was for a limited purpose)
- State ex rel. Schneider v. Kreiner, 83 Ohio St.3d 203 (1998) (defines ‘‘manifest injustice’’ as a clear or openly unjust act and ties it to extraordinary, fundamental flaws in the plea proceeding)