State v. Small
2017 Ohio 110
Ohio Ct. App.2017Background
- Defendant Keith Small was indicted for aggravated robbery (1st deg.), felonious assault (2nd deg.), and theft (misdemeanor) stemming from an intoxication-related beating and robbery of a homeless man.
- Small pleaded guilty to an amended count of aggravated assault (4th deg.) in exchange for dismissal of the remaining counts; the court ordered a presentence investigation and scheduled sentencing.
- On the morning of sentencing Small notified counsel he wanted to withdraw his guilty plea, asserting he was innocent and had pleaded guilty impulsively to see his sick mother.
- The trial court held a hearing, reviewed the plea colloquy transcript, and found Small had entered a knowing, voluntary plea after a full Crim.R. 11 colloquy; counsel had negotiated favorable plea terms and Small expressed satisfaction with counsel at the plea hearing.
- The court concluded Small’s late claim of innocence was a mere change of heart, denied the pre-sentence motion to withdraw the plea, and imposed community-control sanctions contingent on placement eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a pre-sentence motion to withdraw a guilty plea | The State argued the plea was knowingly, intelligently, and voluntarily made after a full Crim.R. 11 colloquy, and the court properly considered the motion | Small argued he was actually innocent and sought to withdraw his plea immediately before sentencing, claiming he pleaded only to visit his sick mother | Court affirmed: no abuse of discretion — plea valid under Crim.R. 11; new claim of innocence was a mere change of heart and insufficient to vacate the plea |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (defendant lacks absolute right to withdraw a plea; trial court must determine if there is a reasonable and legitimate basis to withdraw)
- State v. Peterseim, 68 Ohio App.2d 211 (1980) (articulates factors supporting denial of plea-withdrawal: competent counsel, full Crim.R. 11 hearing, impartial withdrawal hearing, and court’s fair consideration)
- State v. Smith, 49 Ohio St.2d 261 (1977) (credibility and weight of movant’s assertions are for the trial court to resolve)
- Barker v. United States, 579 F.2d 1219 (10th Cir. 1978) (trial court’s denial of plea-withdrawal is not an abuse of discretion unless the court acted unjustly or unfairly)