State v. Smith, 2021 Ohio 4028

Ciera M. Smith was indicted for aggravated possession of methamphetamine (one count); she pled guilty on April 20, 2020 after a Crim.R. 11 colloquy.
At plea entry counsel and the court discussed a negotiated minimum two-year term; Smith was pregnant and hoped to enter the prison nursery program.
Smith later (Aug. 20, 2020) moved to withdraw her plea, asserting she had not reviewed discovery before pleading and that discovery showed a co‑defendant admitted ownership of the drugs; she also claimed she pled believing she could be in the prison nursery.
The court held hearings (Oct. 13, 2020), allowed counsel time to review discovery, found Smith knew about the co‑defendant’s statements and characterized the motion as buyer’s remorse, and denied the motion to withdraw.
The trial court sentenced Smith to an indefinite term under the Reagan‑Tokes Act (two to three years mandatory minimum), imposed a $7,500 mandatory fine and three years post‑release control; the appellate court affirmed the denial of the plea‑withdrawal but reversed the sentence and remanded for re‑sentencing under the pre‑Reagan‑Tokes law because the offense occurred before the Act took effect.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying Smith’s pre‑sentence motion to withdraw her guilty plea	The State argued counsel was competent, Crim.R.11 colloquy was complete, Smith had opportunity/knowledge of discovery and the motion reflected buyer’s remorse	Smith argued she had not reviewed discovery before pleading and later learned a co‑defendant admitted owning the drugs; she also relied on expectations about the prison nursery	Denial affirmed: hearing was held, Crim.R.11 satisfied, factors (competent counsel, timely motion, lack of a compelling new defense, prejudice to the State) weighed against withdrawal; court’s decision was not an abuse of discretion
Whether imposition of an indefinite Reagan‑Tokes sentence was lawful	State conceded (and court recognized) that Smith’s offense predated Reagan‑Tokes and sentencing should follow the statute in effect at the time of the offense	Smith argued Reagan‑Tokes should not apply because the offense occurred before the Act took effect	Sentence vacated and case remanded for re‑sentencing under the former sentencing statute (Reagan‑Tokes inapplicable)

Xie v. State, 62 Ohio St.3d 521, 584 N.E.2d 715 (1992) (trial court must hold a hearing on a presentence motion to withdraw a plea; withdrawal requires a reasonable and legitimate basis)
Adams v. State, 62 Ohio St.2d 151, 404 N.E.2d 144 (1980) (definition of abuse of discretion: unreasonable, unconscionable, or arbitrary)
Peterseim v. State, 68 Ohio App.2d 211, 428 N.E.2d 863 (1980) (articulated factors for evaluating pre‑sentence plea withdrawal requests)
Lambros v. State, 44 Ohio App.3d 102, 541 N.E.2d 632 (1988) (a mere change of heart is not a legitimate basis to withdraw a plea)