Shaker Hts. v. Thompson

Citations

• 2026 Ohio 1871

Syllabus

No-contest plea; motion to withdraw plea; postsentence plea withdrawal; manifest injustice; missing transcript; destroyed record; records retention; presumption of regularity; collateral consequences; federal sentencing enhancement; firearms disability; waiver; abuse of discretion; hearing on motion to withdraw plea; R.C. 2943.033(C); Crim.R. 11; Crim.R. 32.1; Sup.R. 26.05(C); App.R. 9(C); App.R. 9(D); App.R. 9(E). Judgment affirmed. The trial court did not abuse its discretion by denying appellant's renewed postsentence motion to withdraw his 2003 no-contest plea without a hearing. Appellant waited more than 20 years to challenge the plea, and any transcript or audio recording had been lawfully destroyed, making him at fault for the missing record and requiring the court to presume regularity in the plea proceedings. The contemporaneous plea form and journal entry further supported that the plea was knowing, intelligent, and voluntary. The asserted collateral consequences, including federal sentencing enhancements, housing and employment barriers, stigma, and firearm disability, did not establish manifest injustice. The trial court was not required to issue findings of fact or conclusions of law, and R.C. 2943.033(C) barred vacating the plea based on failure to advise about federal firearm restrictions. Appellant also failed to submit evidentiary materials, such as affidavits, warranting a hearing. His App.R. 9(E) arguments regarding reconstruction of the record were either moot based upon the resolution of other assignments of error or were waived for failure to raise such arguments at the trial-court level.