State v. Taylor
2011 Ohio 2150
Ohio Ct. App.2011Background
- Appellant Tevin Taylor was indicted in a 13-counted indictment including burglaries, kidnapping, aggravated robbery, and felonious assault with accompanying firearm specifications and a weapon forfeiture provision.
- The charges stemmed from a home-invasion incident where masked individuals brandished guns and a gun was discharged near a victim.
- A plea agreement was negotiated; Taylor would plead to amended burglary and robbery counts with three-year firearm specs merging for sentencing, and the court warned of a minimum five-to-19-year sentence.
- At a Crim.R. 11 colloquy, Taylor pleaded guilty after confirming understanding of rights, penalties, and postrelease control, and the court scheduled sentencing.
- A DNA report related to the case was mentioned; if results varied, Taylor could withdraw his plea without penalty, and counsel indicated preparedness to proceed to trial.
- Before sentencing, Taylor orally moved to withdraw his plea claiming time pressure and perceived incompetence to stand trial; the trial court held a hearing and denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-sentencing withdrawal of plea abused discretion | Taylor | State | No abuse; motion denied affirmed |
| Post-sentence manifest injustice to withdraw plea | Taylor | State | Not applicable; manifest injustice analysis moot |
Key Cases Cited
- State v. Weakley, 2010-Ohio-2464 (Ohio Ct. App. 2010) (outlines four-part test for pre-sentence plea withdrawal)
- State v. Peterseim, 68 Ohio App.2d 211 (1980) (manifest injustice standard after sentencing)
- State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence withdrawal standards; abuse of discretion)
- State v. McGregor, 2005-Ohio-5561 (Ohio Ct. App. 2005) (pre-sentence withdrawal requires legitimate basis)
- State v. Benjamin, 2005-Ohio-2322 (Ohio Ct. App. 2005) (change of heart inadequate to withdraw plea)