Summary
This Ohio Court of Appeals decision affirms the conviction and sentence of Teir D. Pitts following his guilty plea to felonious assault while on post-release control. The appellant challenged the trial court's imposition of a 605-day prison term for the post-release control violation and the denial of his motion to withdraw his guilty plea. The appellate court found no clear and convincing evidence that the sentence violated statutory requirements regarding administrative sanctions, nor did it find an abuse of discretion in denying the plea withdrawal. Consequently, the judgment of the Allen County Court of Common Pleas was affirmed.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in imposing 605 days of prison for the post‑release control violation without reducing it by the 270‑day administrative sanction.
- Whether the trial court abused its discretion in denying Pitts’s motion to withdraw his guilty plea.
Holdings
- The trial court did not err; the sentence is not contrary to law and is affirmed.
- The trial court did not abuse its discretion; the denial is affirmed.
Key quotations
“Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence ‘only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.’” (¶8)
“The decision to grant or deny a presentence motion to withdraw a guilty plea is within the sound discretion of the trial court.” (¶16)
Factual background
While incarcerated in the Allen County Jail, Pitts verbally harassed a female corrections officer and later physically assaulted another officer who entered his cell, causing injuries. He was subsequently indicted for felonious assault and, after a negotiated plea, was sentenced to an indefinite term of six to nine years plus 605 days for a post‑release control violation.
Procedural history
Pitts was indicted for felonious assault while on post‑release control, entered a guilty plea, was sentenced to an indefinite term plus 605 days for a post‑release control violation, and moved to withdraw his plea. The trial court denied the motion and imposed the sentence. Pitts appealed the sentence and the denial of his motion.
Remand instructions
The cause is remanded to the trial court for execution of the judgment for costs.