State v. Conley

Citations

• 2021 Ohio 837

Syllabus

MOTION TO WITHDRAW – GUILTY PLEA – SENTENCING – R.C. 2953.08(G)(2) : The trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea where the court heard and considered the substance of defendant's oral motion to the court at the start of defendant's sentencing hearing, and where the only basis for the motion was defendant's mistaken belief that the court would not actually impose the permissible prison sentence. The record supports the trial court's sentence, and the sentence is not otherwise contrary to law, where the record shows the trial court properly exercised its discretion under R.C. 2929.13(B) to impose the maximum permissible prison term for a felony of the fifth degree, and where the record does not show that the trial court failed to consider the statutory sentencing factors of R.C. 2929.11 and 2929.12.