Summary
The Ohio Fifth District Court of Appeals affirmed the Muskingum County Court of Common Pleas’ denial of William Thomas’s motion to withdraw his guilty plea. The court held that the trial court provided Thomas a meaningful opportunity to be heard and sufficiently inquired into his reasons for seeking withdrawal, and therefore did not abuse its discretion.
Holdings
- The trial court did not abuse its discretion in denying Thomas's presentence motion to withdraw his guilty plea because it conducted a thorough plea colloquy, heard Thomas's reasons for seeking withdrawal, and reasonably determined that the motion lacked merit.
- The trial court was not required to conduct a full or separate evidentiary hearing because it addressed the motion on the record during sentencing, gave Thomas meaningful notice and an opportunity to be heard, and sufficiently inquired into the asserted reasons for withdrawal.
Questions Presented
- Whether the trial court abused its discretion by denying Thomas's presentence motion to withdraw his guilty plea.
- Whether the trial court was required to conduct a more extensive or separate hearing on Thomas's motion to withdraw his guilty plea.
Disposition
affirmed
Cases Cited (10)
- State v. Smith, 49 Ohio St.2d 261 (1977)(followed)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983)(followed)
- State v. Xie, 62 Ohio St.3d 521 (1992)(followed)
- Barker v. United States, 579 F.2d 1219, 1223 (10th Cir. 1978)(followed)
- State v. Peterseim, 68 Ohio App.2d 211, 213-214, 22 O.O.3d 341, 343, 428 N.E.2d 863, 865 (1980)(followed)
- State v. Foster, 2008-Ohio-29 (5th Dist.)(followed)
- State v. Wright, Highland App. No. 94 CA 853, 1995 Ohio App. LEXIS 2963(followed)
- State v. Davis, Lawrence App. No. 05CA9, 2005-Ohio-5015(followed)
- State v. Smith, Cuyahoga App. No. 61464, 1992 Ohio App. LEXIS 6259(followed)
- State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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