State v. Waite
2012 Ohio 489
Ohio Ct. App.2012Background
- Waite pled guilty in two cases in Feb 2009: robbery (CR-513417) and intimidation (CR-515222).
- The court also found Waite violated the conditions of community control in CR-490494 at the plea.
- Sentence: 3 years for robbery, 4 years for intimidation, and 3 years for the community-control violation, totaling 10 years.
- Waite appealed in 2010; the appellate court affirmed most of the conviction and vacated the CC violation term.
- On Apr 18, 2011, Waite moved to withdraw his guilty pleas, claiming counsel promised a total sentence not exceeding five years.
- The trial court denied the motion and Waite appealed the denial in CR-515222.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the post-sentence motion to withdraw plea was proper. | State argues res judicata bars the post-sentence motion. | Waite argues the plea should be withdrawn due to misrepresentation/ineffective guidance. | Denied; res judicata bars; harmless error; judgment affirmed. |
Key Cases Cited
- State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (res judicata bars remand-based withdrawal claims; trial court cannot act after appellate affirmance)
- State v. Carnail, 8th Dist. No. 95580, 2011-Ohio-3464 (2011-Ohio-3464) (postsentence Crim.R. 32.1 claims barred when argued on appeal)
- State v. Johns, 8th Dist. No. 92627, 2010-Ohio-68 (2010-Ohio-68) (res judicata governs Crim.R. 32.1 claims)
- State v. McGee, 8th Dist. No. 91638, 2009-Ohio-3374 (2009-Ohio-3374) (postjudgment withdrawal claims foreclosed by final judgment)
- State v. Perry, 10 Ohio St.2d 175, 226 N.E.2d 104 (1967) (establishes res judicata principle for appellate-final judgments)