State v. Snider, 2013 Ohio 4641

Snider was indicted in Clermont County for illegal assembly or possession of chemicals for the manufacture of drugs, conspiracy to commit illegal manufacture of drugs, and burglary.
Plea negotiations led to dismissal of the conspiracy count; Snider pled guilty to the illegal-assembly/chemicals charge and to amended breaking-and-entering (felony of the fifth degree).
Snider filed a pro se presentence motion to withdraw his guilty plea, alleging innocence and counsel misconduct.
A hearing was held; the trial court denied the motion to withdraw and subsequently sentenced Snider to 24 months for the illegal-assembly count and 10 months for the breaking-and-entering count, with sentences consecutive to each other and to another unrelated case.
On appeal, Snider argues the trial court erred in denying the presentence withdrawal motion and in imposing the (consecutive) sentence for breaking and entering.
The appellate court affirms, concluding the trial court did not abuse its discretion and that sentencing complied with statutory constraints.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the plea-withdrawal denial an abuse of discretion?	State argues no abuse; the plea was entered knowingly and voluntarily.	Snider contends innocence and trial-counsel misrepresentations merit withdrawal.	No abuse; withdrawal denied appropriately.
Was the sentencing on the breaking and entering count proper and consecutive sentencing permissible?	State maintains court properly considered PSI, history, and statutory factors; sentence lawful.	Snider asserts improper handling of fifth-degree sentence and concurrency rules.	Sentencing affirmed; no error in law or procedure.

State v. Manis, 2012-Ohio-3753 (12th Dist. Butler No. CA2011-03-059, 2012-Ohio-3753) (presentence withdrawal should be freely and liberally granted)
State v. Gabbard, 2007-Ohio-461 (12th Dist. Clermont No. CA2006-03-025, 2007-Ohio-461) (withdrawal standard requires reasonable, legitimate basis)
State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (no absolute right to withdraw a guilty plea before sentencing)
State v. Dafforn, 2006-Ohio-7035 (12th Dist. Clermont No. CA2006-03-023, 2006-Ohio-7035) (court must weigh factors when denying withdrawal)
State v. Ward, 2009-Ohio-1169 (12th Dist. Clermont No. CA2008-09-083, 2009-Ohio-1169) ("change of heart" not sufficient to withdraw plea)
State v. Quinn, 2007-Ohio-1363 (12th Dist. Butler No. CA2006-03-049, 2007-Ohio-1363) ("change of heart" insufficient to withdraw plea)
State v. Crawford, 2013-Ohio-3315 (12th Dist. Clermont No. CA2012-12-088, 2013-Ohio-3315) (sentencing decisions reviewed for statutory compliance)
State v. Oren, 2013-Ohio-531 (12th Dist. Madison No. CA2012-05-010, 2013-Ohio-531) (appellate review of sentencing factors)