State v. Daver

Citations

• 2017 Ohio 8862

Syllabus

Motion to withdraw guilty pleas Crim.R. 32.1 manifest injustice abuse of discretion Crim.R. 11(C) knowing, intelligent and voluntary guilty plea nature of the charges effect of guilty plea duress substantial compliance totality of the circumstances partial compliance ineffective assistance of counsel defense counsel's inaccurate prediction of sentence misinformation regarding judicial release failure to prepare for trial. Trial court abused its discretion in denying defendant's motion to withdraw his guilty pleas. Under the totality of the circumstances, including the limited time period in which defendant was given to consider the state's plea offers, the incomplete information defendant received regarding judicial release, the defendant's lack of a full and complete understanding of the offenses to which he would be pleading guilty and the effect and consequences of his guilty pleas, defense counsel's admission that he was not prepared to try the case if defendant rejected the state's plea offers and defendant's testimony that, but for this confluence of events, he would not have entered his guilty pleas, defendant did not knowingly, intelligently and voluntarily enter his guilty pleas and withdrawal of his guilty pleas was necessary to correct manifest injustice.