State v. Taylor
2014 Ohio 3080
Ohio Ct. App.2014Background
- Raymond Taylor pled guilty to one count of menacing by stalking (R.C. 2903.21), a fourth-degree felony, after an earlier not-guilty-by-reason-of-insanity plea and a competency evaluation.
- The plea was accepted on August 23, 2013; sentencing was set for October 3, 2013.
- A capias issued October 2, 2013 for alleged pretrial release violations; Taylor was in jail at the October 3 sentencing.
- At the start of the sentencing hearing Taylor said: "I'm just ready to take it to trial and plead a not guilty plea," but also said he wanted to be sentenced that day and "get this over with."
- The trial court offered either to proceed with sentencing if Taylor waived a presentence investigation (PSI) or to continue the hearing to obtain a PSI; the court did not inquire into Taylor's statement about taking the case to trial and proceeded to sentence him to 15 months' imprisonment.
- On appeal the sole issue was whether the trial court erred by failing to conduct a hearing on Taylor's alleged oral presentence motion to withdraw his guilty plea.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Taylor) | Held |
|---|---|---|---|
| Whether Taylor made a presentence motion to withdraw his guilty plea | Taylor did not move to withdraw; his remarks only reflected a desire to be sentenced and conclude the matter | Taylor's statement that he was "ready to take it to trial and plead a not guilty plea" constituted an oral presentence motion to withdraw his plea | Court of Appeals: Taylor did make a presentence motion to withdraw and the trial court was required to hold a hearing before sentencing |
| Whether a hearing was required before sentencing on the alleged motion | No hearing was required because no motion was made | A hearing is required under Crim.R. 32.1 and Xie for any presentence motion to withdraw a plea | Court: Under Xie, the trial court must hold a hearing to determine whether a reasonable and legitimate basis exists for withdrawal; failure to do so was reversible error |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (a defendant may move to withdraw a guilty plea before sentencing and the court must hold a hearing to determine whether a reasonable and legitimate basis exists for withdrawal)