STATE OF OHIO, PLAINTIFF-APPELLEE, v. CHAD A. STATON, DEFENDANT-APPELLANT.
CASE NO. 4-11-06
IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT DEFIANCE COUNTY
September 26, 2011
2011-Ohio-4889
Appeal from Defiance County Common Pleas Court Trial Court No. 10-CR-10755 Judgment Affirmed
John P. Goldenetz for Appellant
Carson L. Slade for Appellee
{¶1} Defendant-appellant Chad A. Staton (“Staton“) brings this appeal from the judgment of the Court of Common Pleas of Defiаnce County denying his post-conviction motion to withdraw his guilty plea. For the reasons set forth below, the judgment is affirmed.
{¶2} On March 5, 2010, the Defiance County Grand Jury indicted Staton on one count of theft frоm an elderly person in violation of
First Assignment of Error
The trial court committed abuse of discretion in denying [Staton‘s] pre-sentence Motion to Withdraw Guilty Plea.
Second Assignment of Error
The trial court committed prejudicial error in denying [Staton‘s] post-sentence Motion to Withdraw Guilty Plea when it was shown by credible evidence that he received ineffective assistance of counsel.
Third Assignment of Error
Thе trial court committed abuse of discretion in denying the post-sentence Motion of [Staton] to Withdraw his Guilty Plea.
{¶3} In the first assignment of error, Staton alleges that the trial court erred in denying his pre-sentence motion to withdraw his guilty plea.
A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.
{¶4} Although the appeal on the pre-sentence motion tо withdraw the guilty plea may be barred by the doctrine of res judicata, this court will address the merits of the assignment of error in the interests of justice. Motions to withdraw a guilty plea prior to sentenсing should be freely and liberally granted. State v. Xie (1992), 62 Ohio St.3d 521, 584 N.E.2d 715. However, a defendant does not have an absolute right to withdraw a guilty plea. Id. A trial court must hold a hearing on the motion and determine whether a reаsonable and legitimate basis exists for withdrawing the pleas. Id. “A trial court will not abuse its discretion in overruling a motion to withdraw a guilty plea: 1) where the accused is represented by highly compеtent counsel; 2) where the accused was afforded a full hearing pursuant to
{¶5} At the hearing, Staton was represented by counsel, satisfying the first factor. Staton was given a full and complete
Well, I see this indictment was from March of this year. Certainly, if that – There isn‘t anything that has occurred between the time of your plea which was August 16th. April, May, June, July, certainly, if that, if those matters were – There isn‘t any reason that those same issues would not have been known to you well prior to making this plea.
We went, of course, through a complete and thorough Rule 11 inquiry. It was Court‘s conclusion that your plea was made knowingly, voluntarily and intelligently. You acknowledged the factual basis for the criminal offenses recited by the State at the
time of the Rule 11 inquiry. I acknowledge the State‘s position as well that they may be prejudiced by allowing withdrawal of the plea at this time. The motion to withdraw the plea is denied.
Id. at 6. The trial court fully considered the motion and the fourth factor was met. The trial court agreed with the State that there was no basis for the withdrawal of the plea. The record does not indicate that the trial court abused its discretion in making this determination. Thus, the first assignment of error is оverruled.
{¶6} Staton argues in the second and third assignments of error that the trial court erred in denying his post-sentence motion to withdraw his guilty plea claiming that it was shown that he lacked effectivе assistance of counsel and that the trial court abused its discretion in denying his post-sentence motion. An appellate court should only reverse the denial of a post-sentenсe motion to withdraw a guilty plea to correct a manifest injustice. State v. Stumpf (1987), 32 Ohio St.3d 95, 512 N.E.2d 598 and
{¶7} In this case, Staton was granted a hearing on his motion to withdraw his guilty plea. He alleged that his conviction was a manifest injustice because he was denied effective assistance of counsel. The only evidence presented by Staton at the hearing was his own testimony. He testified that he was not guilty, but his trial counsel told him that he was going to be found guilty because of the sympathetic victim and his prior prison record. Marсh 29, 2011 Hearing, Tr. 7-8. He claimed that his counsel informed him that he would receive community control if he entered a guilty plea. Id. at 8. Staton also claimed that his counsel knew of the potential witness and had interviewed him prior to the change of plea. Id. at 8-9. However, Staton also testified that he told his attorney he wished to change his plea after he and his wife determined that the judge was not going to sentence him to community control, but was instead going to sentence him to prison. Id. at 9. He claimed that he started asking his prior counsel to file the motion to withdraw thе guilty plea immediately after the change of plea hearing
{¶8} Having found no error prejudicial to the defendant, the judgment of the Court of Common Pleas of Defiance County is affirmed.
Judgment Affirmed
SHAW and PRESTON, J.J., concur.
/jlr