State v. Taylor, 2012 Ohio 5130

Taylor was charged with wrongful entrustment of a motor vehicle under R.C. 4511.203 after her 15-year-old son, driving without a license, caused a train crash that killed one passenger and injured others.
The offense was amended on Sept. 23, 2011, changing from a first-degree misdemeanor with potential jail to an unclassified misdemeanor with no jail term.
Taylor initially pleaded not guilty; before the bench trial she changed to a no contest plea through her attorney.
The court asked about the applicable statute and penalties and advised regarding potential jail and fines under the version in effect on Sept. 1, 2011; the court accepted the no contest plea and found Taylor guilty.
Taylor moved to withdraw her guilty/no contest plea pre-sentence under Crim.R. 32.1, arguing stress and new information would yield innocence; the trial court denied.
She was sentenced May 15, 2012, to 180 days (90 days jail, 60 days electronic monitoring if eligible, 30 days suspended with conditions) and three years’ probation, with no fine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court properly inform Taylor of Crim.R. 11 rights before accepting the plea?	Taylor asserts improper Crim.R. 11 colloquy prejudiced her.	Taylor contends the court failed to convey rights and plea consequences.	Yes; improper guidance occurred, warranting withdrawal and remand.

State v. Xie, 62 Ohio St.3d 521 (1992) (presentence withdrawals should be liberally granted, but not automatic)
State v. Drake, 73 Ohio App.3d 640 (1991) (withdrawal of guilty pleas considered with abuse of discretion standard)
State v. Nathan, 99 Ohio App.3d 722 (1995) (appellate review of Crim.R. 32.1 denial under abuse of discretion)
State v. Jones, 116 Ohio St.3d 211 (2007) (misdemeanor Crim.R. 11 colloquy standards and prejudice analysis)
State v. Griggs, 103 Ohio St.3d 85 (2004) (Crim.R. 11(B) information required; non-constitutional rights must show prejudice)