State v. Tringelof, 2017 Ohio 7657

Background

Michael E. Tringelof was indicted in 2012 on multiple felonies arising from allegations he lured and restrained children and, with sexual motivation, poked, shocked, and otherwise abused them; combined indictments charged dozens of felonies.
On September 13, 2012, Tringelof pleaded guilty pursuant to a plea agreement: he pled to eight kidnapping counts in exchange for dismissal of remaining counts and an agreed aggregate 20-year sentence; the trial court accepted the plea and imposed the 20-year term.
No direct appeal was taken. More than four years later (Dec. 14, 2016) Tringelof filed a post‑sentence motion to withdraw his guilty plea, alleging it was not knowingly, intelligently, and voluntarily entered due to ineffective assistance of counsel.
He argued counsel was deficient for agreeing to the 20‑year plea without ordering a presentence investigation or presenting evidence (childhood abuse, psychological/medical testimony) that might have affected sentencing; he attached prison‑program letters and an affidavit.
The trial court treated the filing as both a Crim.R. 32.1 motion to withdraw and an R.C. 2953.21 postconviction petition, held a non‑evidentiary hearing, and denied relief: finding a proper Crim.R. 11 colloquy, no manifest injustice, counsel not ineffective, and the petition untimely under R.C. 2953.21.
Tringelof appealed; the appellate court affirmed, holding the plea presumptively regular in the absence of the plea‑hearing transcript, counsel’s plea recommendation reasonable, and the postconviction petition untimely and substantively unsupported.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post‑sentence plea withdrawal is required because plea was not knowing, intelligent, voluntary	Tringelof: plea involuntary due to counsel’s ineffective assistance; he did not understand consequences	State: plea was knowing/voluntary after full Crim.R. 11 colloquy; defendant admitted guilt; burden to show manifest injustice unmet	Denied — no manifest injustice; plea presumed regular absent transcript showing otherwise
Whether counsel was ineffective for recommending/agreeing to the 20‑year plea without pursuing PSI/abuse evidence	Tringelof: counsel deficient for not presenting childhood abuse evidence or obtaining PSI, which could have affected sentencing	State: plea bargain dramatically reduced exposure (from >170 years to 20) and counsel reasonably advised acceptance; childhood abuse evidence unlikely to alter trial outcome or significantly mitigate sentence	Denied — counsel’s performance not deficient; plea recommendation was reasonable strategic choice
Whether the filing qualifies as timely postconviction relief under R.C. 2953.21	Tringelof: sought collateral relief alleging constitutional error (ineffective assistance)	State: petition filed more than a year after appeal time expired and is therefore untimely; no showing of unavoidable prevention or new retroactive right	Denied — untimely petition; threshold exceptions not met and substantive showing insufficient
Whether an evidentiary hearing was required on the post‑sentence motion/petition	Tringelof: factual assertions (abuse, counseling) warranted an evidentiary hearing	State: defendant failed to show reasonable likelihood that withdrawal was necessary to correct manifest injustice or that statutory exceptions apply	Denied — trial court did not abuse discretion in refusing an evidentiary hearing

Key Cases Cited

State v. Schlee, 117 Ohio St.3d 153 (Ohio 2008) (courts may recast irregular motions into correct procedural category)
State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (post‑sentence plea withdrawal requires showing of manifest injustice)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective assistance standard of deficient performance and prejudice)