State v. Jones

2020-Ohio-4714 (Ohio Ct. App. 7th Dist. 2020) · Ohio Court of Appeals, Seventh Appellate District, Columbiana County · September 29, 2020 · No. 18 CO 0023

Summary

The Ohio Seventh District Court of Appeals denied the State of Ohio’s application for reconsideration of its decision reversing the denial of Tiona Jones’s presentence motion to withdraw her guilty plea. The court concluded that the State had not identified an obvious error or an issue that the court had failed to consider, and reaffirmed its analysis of the relevant factors and abuse-of-discretion standard.

Holdings

  1. Reconsideration was not warranted because the State merely disagreed with the appellate court's conclusions and did not identify an obvious error or an issue that the court failed to consider when it should have.
  2. The court declined to alter its prior holding that the trial court abused its discretion because the record supported four of the nine Fish factors, including lack of prejudice to the State and Jones's reasons for withdrawal and possible innocence.

Questions Presented

  1. Whether the State identified an obvious error or an insufficiently considered issue warranting reconsideration under Ohio Appellate Rule 26.
  2. Whether the appellate court erred in concluding that the trial court abused its discretion by denying Jones's presentence motion to withdraw her guilty plea.
  3. Whether the appellate court improperly failed to defer to the trial court or consider the totality of the circumstances surrounding Jones's plea.

Disposition

other

Cases Cited (8)

  • State v. Jones, 7th Dist. Columbiana No. 18 CO 0023, 2020-Ohio-3578(followed)
  • Matthews v. Matthews, 5 Ohio App. 3d 140, 143, 450 N.E.2d 278 (10th Dist. 1981)(followed)
  • State v. Owens, 112 Ohio App. 3d 334, 336, 678 N.E.2d 956 (11th Dist. 1996)(followed)
  • State v. Fish, 104 Ohio App. 3d 236, 661 N.E.2d 788 (1st Dist. 1995)(followed)
  • State v. Scott, 7th Dist. Mahoning No. 08 MA 12, 2008-Ohio-5043, ¶ 13(followed)
  • State v. Ocel, 7th Dist. Jefferson No. 08 JE 22, 2009-Ohio-2633, ¶¶ 21-22(followed)
  • State v. Smith, 49 Ohio St. 2d 261, 264, 361 N.E.2d 1324 (1977)(followed)
  • State v. Cuthbertson, 139 Ohio App. 3d 895, 899, 746 N.E.2d 197 (7th Dist. 2000)(followed)

Cited In (0)

No citing cases on record yet.

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