State v. Watkins, 2013 Ohio 5544

Watkins appeals the Franklin County Court of Common Pleas' denial of his presentence motion to withdraw his guilty plea and the imposition of a 67-year aggregate sentence.
Watkins was 16 at the February 2011 offenses and 18 when he pled guilty in October 2011 to multiple counts including aggravated robbery, robbery, kidnapping, rape, and gross sexual imposition with firearm specifications.
He pled guilty to five counts of aggravated robbery, one count of robbery, one count of sexual battery, and one count of gross sexual imposition, with three firearm specifications; the court informed him of a maximum term of 73½ years.
Two days before sentencing, Watkins moved to withdraw the plea, alleging family pressure and lack of understanding; the court held a hearing and denied the motion.
The trial court found that Watkins’ claim of pressure lacked corroboration, that Crim.R. 11 was satisfied, that he knowingly and voluntarily entered the plea, and that the plea was not a mere change of heart in light of DNA evidence and partial innocence claims.
On appeal, Watkins challenges both the pre-sentence withdrawal ruling and the 67-year sentence as cruel and unusual punishment under the Eighth Amendment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the pre-sentence motion to withdraw the plea properly denied?	Watkins asserts the court abused its discretion denying withdrawal.	State contends withdrawal was not warranted given the factors showing a change of heart.	No abuse; denial affirmed
Does a 67-year aggregate sentence for a juvenile violate the Eighth Amendment?	Watkins argues the sentence is cruel and unusual for a juvenile.	State argues Graham does not apply to a non-life term and that proportionality is preserved.	Not cruel and unusual; proportionality not violated

State v. Zimmerman, 2010-Ohio-4087 (10th Dist. 2010) (presentence withdrawal standard; factors guide abuse-of-discretion review)
State v. Xie, 62 Ohio St.3d 521 (1992) (liberal standard for plea withdrawals before sentencing)
State v. Davis, 2008-Ohio-107 (10th Dist. 2008) (support for factors in withdrawal analysis)
State v. West, 2012-Ohio-2078 (10th Dist. 2012) (nonexhaustive withdrawal factors; hearing required)
State v. Porter, 2012-Ohio-940 (10th Dist. 2012) (withdrawal decision within trial court's discretion)
State v. Jones, 2010-Ohio-903 (10th Dist. 2010) (withdrawal factors; change-of-heart considerations)
State v. Prince, 2012-Ohio-4111 (10th Dist. 2012) (weight given to reasons for withdrawal)
State v. Cuthbertson, 139 Ohio App.3d 895 (7th Dist. 2000) (distinguishes withdrawal on prejudice and other factors)
State v. Leasure, 2002-Ohio-5019 (7th Dist. 2002) (distinguishes Cuthbertson on facts)
State v. Moore, 2013-Ohio-1435 (7th Dist. 2013) (withdrawal analysis considerations)
In re C.P., 2012-Ohio-1446 (Ohio Supreme Court 2012) (proportionality under Eighth Amendment; categorization of review)
Graham v. Florida, 560 U.S. 48 (2010) (categorical prohibition on life without parole for non-homicide juvenile offenses)
Hairston, 2008-Ohio-2338 (Ohio Supreme Court 2008) (individual sentences drive disproportionality; aggregate may follow if no individual disproportions)
Weems v. United States, 217 U.S. 349 (1910) (constitutional proportionality guidance for punishment)