State v. Strmac, 2024 Ohio 2405

Nicole R. Strmac was indicted for felonious assault, a second-degree felony, after allegedly hitting a car while fleeing an assault.
She initially pled not guilty, changed counsel, and repeatedly rejected plea offers, expressing reluctance to plead guilty.
Days before trial, new discovery was provided to Strmac, prompting a motion to continue the trial; the State did not object.
On the trial date, Strmac was late, a warrant was issued, and she pled guilty shortly after arriving—the capias was recalled after her plea.
Before sentencing, Strmac sought to withdraw her guilty plea, but the trial court denied the motion and sentenced her to an indefinite prison term.
On appeal, the State conceded error in denying the motion to withdraw the plea given the circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of pre-sentence motion to withdraw guilty plea	State concedes trial court erred	Strmac did not knowingly, intelligently, voluntarily plead; late discovery & pressure influenced plea	Trial court abused discretion in denying motion; denial reversed

State v. Xie, 62 Ohio St.3d 521 (standard for withdrawal of guilty pleas—pre-sentence motions should be freely granted)
State v. Peterseim, 68 Ohio App.2d 211 (sets four-factor test for considering withdrawal of guilty pleas)
State v. Barnes, 172 Ohio St.3d 63 (presumption in favor of permitting withdrawal of plea before sentencing)