State v. Bertuzzi

Citations

• 2025 Ohio 329

Syllabus

Motion to Withdraw a Plea; Merger; Aggravated Robbery; Burglary; R.C. 2941.25; Allied Offenses. Appellate courts review a trial court's decision to deny a motion to withdraw a guilty plea under an abuse of discretion standard. A mere change of heart does not provide a defendant with a reasonable and legitimate basis to withdraw his or her plea. A defendant can commit the offense of burglary by trespassing an occupied structure by force with an intent to commit a criminal offense. To perpetrate the offense of burglary, the defendant need not succeed at committing the intended offense after impermissibly trespassing into an occupied structure. Thus, an offense committed once inside the occupied structure is distinct from crime of burglary and is not subject to merger.