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State v. Colvin

Citations

  • 2024 Ohio 2906

Syllabus

Crim.R. 11(C)(2)(a) maximum penalty indefinite sentence prejudice motion to withdraw plea abuse of discretion. Defendant entered into a plea agreement that included an indefinite sentence. Although the trial court did not fully comply with Crim.R. 11(C)(2)(a)'s requirement that it inform defendant of the maximum penalty that could be imposed on the indefinite sentence, it explained how the indefinite sentence would be calculated. Defendant did not demonstrate prejudice where he understood the agreed prison sentence would include an indefinite sentence. The trial court did not abuse its discretion by denying defendant's motion to withdraw plea in which he asserted actual innocence where defendant was represented by competent counsel, was afforded a full plea hearing, entered into the plea with an agreed sentence, and the trial court held a hearing on the motion to withdraw and gave full consideration to the arguments made.

Judges: Sheehan

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