STATE OF OHIO, PLAINTIFF-APPELLEE, v. RIAN LYNN, DEFENDANT-APPELLANT.
CASE NO. 17-11-08
IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT SHELBY COUNTY
November 21, 2011
2011-Ohio-6014
Aрpeal from Shelby County Common Pleas Court Trial Court No. 10 CR 000138 Judgment Affirmed
Mark A. Puthoff for Appellant
Ralph Bauer and Jeffrey J. Beigel for Appellee
SHAW, J.
{¶1} Defendant-appellant, Rian Lynn (“Lynn”), appeals the January 19, 2011 judgment of the Shelby County Court of Common Pleas, Criminal Division, denying his pre-sentence motiоn to withdraw his guilty plea.
{¶2} On June 24, 2010, Lynn was indicted by a Shelby County Grand Jury on two counts of rape, both felonies of the first degree and each with a sexually violent predator specification; one count of aggravated burglary, a felony of the first degree; one count of kidnapping, a felony of the first degree with the additional specification that Lynn committed the kidnapping offense with a sexual motivation and a sexually violent predator specification; and one count of abduction, a felony of the third degree.
{¶3} The charges stemmed from an incident, in which Lynn allegedly broke into the home of a thirteen-year-old girl and raped her. Lynn subsequently pled not guilty to the charges.
{¶4} On December 7, 2010, Lynn filed a petition to enter a plea of guilty to one count of rape, a felony of the first degree with a sexually violent predator specification. The trial court held a hearing on the matter the same day, in which it conducted a
{¶5} On December 29, 2010, prior to sentencing, Lynn moved to withdrawal his guilty plea, claiming that he “was under duress and undue influence from his family and friends to accept the plea agreement” and therefore his change of plea was not voluntarily given. (Mot. to Withdraw Plea Dec. 19, 2010).
{¶6} On January 13, 2011, the trial court held a hearing on Lynn’s motion to withdraw his plea. Lynn was the only witness to testify.1 On direct examination, Lynn recalled that he felt pressure from his mother and fiancée to take the plea agreement. Being nineteen-years-old, Lynn explained that he relied heavily on his mother’s advice. Lynn testified that he also experienced trouble sleeping during the nights leading up to his change of plea because he was
{¶7} On cross-examination, Lynn revealed that, prior to entering his guilty plea, he had been diagnosed with bipolаr disorder and ADHD by a psychiatrist. While on the stand, the prosecutor had Lynn review his written petition to change his plea, and had Lynn recall each question asked by the trial court and his responses in the
{¶8} On re-direct examination, Lynn’s counsel asked him about his mental health diagnosis. Lynn testified that he had been diagnosed with bipolar disorder and ADHD at age twelve and was treated by a counselor for five yеars. Lynn explained that in the past he had taken medication for these conditions, but was not on medication at the time he entered his guilty plea. When asked why he did not bring his bipolar diagnosis to the trial court’s attention during the
{¶9} On January 19, 2011, the trial court entered its judgment denying Lynn’s motion to withdrawal his guilty plea, finding it not well-taken. The trial court subsequently sentenced Lynn to serve an indefinite prison term of fifteen years to life and subject to registration as a Tier III sexual offender.
{¶10} Lynn filed this appeal, asserting the following assignments of error.
ASSIGNMENT OF ERROR NO. I
THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT OVERRULED THE APPELLANT’S MOTION TO WITHDRAW APPELLANT’S GUILTY PLEA PRIOR TO SENTENCING.
ASSIGNMENT OF ERROR NO. II
THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT OVERRULED THE APPELLANT’S MOTION TO WITHDRAW APPELLANT’S GUILTY PLEA AFTER LEARNING OF APPELLANT’S HISTORY OF MENTAL ILLNESS.
{¶11} Because Lynn’s assignments of error are interrelated, we elect to address them together.
{¶12} On appeal, Lynn maintains that the trial court erred in denying his pre-sentence motion to withdraw his guilty plea when he testified that he felt prеssured by his mother and fiancée to take the plea, that he did not sleep well during the nights preceding the change of plea hearing and that he was overwhelmed by his first encounter in the adult felony court systеm. Lynn also contends that the trial court did not give adequate consideration to his testimony indicating that he suffered from bipolar disorder and ADHD. Lynn argues that all of these things contributed to his guilty plea being involuntarily mаde.
{¶13}
{¶14} However, this does not mean that a motion to withdraw a guilty plea will be granted automatically. Drake, at 645, 598 N.E.2d 115. “A defendant does
{¶15} Ohio Appellate Courts consider several factors when reviewing a trial court’s decision to grant or deny a defendant’s pre-sentence motion to withdraw a plea, including: (1) whether the withdrawal will prejudice the prosecution; (2) the representation afforded to the defendant by counsel; (3) the extent of the hearing held pursuant to
{¶16} In this instant case, the trial court specifically addressed each of these factors in its entry denying Lynn’s motion to withdraw his guilty plea. Lynn’s primary contentions on appeal are that the trial court abused its discretion because it failed to adequately consider the reasons stated in his motion supporting the withdrawal of his plea. Notably, Lynn does not dispute the trial court’s analysis with regard to the other applicable factors.
{¶17} At the hearing on his motion to withdraw his guilty plea, Lynn testified that he was diagnosed with bipolar and ADHD, and treated by a counselor for these conditions in Sidney for at least fivе years. However, Lynn failed to provide any documentation substantiating his claims regarding his mental health. Moreover, there is no indication in the record that Lynn had difficulty obtaining the medical records doсumenting his mental health history to enter as evidence for the trial court’s review. The only evidence Lynn chose to present was his testimony, which the trial court was free to disbelieve.
{¶18} In addition, even though he argues his judgment was impaired because he was not medicated for his bipolar disorder at the time he entered his guilty plea, Lynn again fails to provide evidence to corroborate this claim. There is nothing in the record demonstrating what kind of medication Lynn was
{¶19} Finally, with regard to the оther reasons set forth by Lynn in his motion, trial court concluded the following:
The Court finds that the reasons for the Motion are inadequate. Apparently, the Defendant has just changed his mind. The Court does not find that the influеnces of his mother overbore his will and decision to enter the guilty plea. He had representation of competent counsel to give him advice on the plea. Considering the multiple counts he was facing, the recommendation of counsel to plead to the negotiated charge is understandable.
(JE, Jan. 13, 2011 at 3).
{¶20} In sum, the record in this case demonstrates that the trial court considered all the aрplicable factors for withdrawing the plea and the record supports the trial court’s findings in that regard. Accordingly, we find no abuse of the trial court’s discretion in its ultimate decision to deny Lynn’s motion to withdraw his guilty plea.
{¶21} For all these reasons, Lynn’s assignments of error are overruled and the judgment is affirmed.
Judgment Affirmed
PRESTON and WILLAMOWSKI, J.J., concur.
/jlr