State v. Enyart

Citations

• 224 N.E.3d 1203
• 2023 Ohio 3373

Syllabus

CRIM.R. 32.1 – POSTCONVICTION MOTION TO WITHDRAW PLEA – JURISDICTION: In State ex rel. Davis v. Janas, 160 Ohio St.3d 187, 2020-Ohio-1462, the Supreme Court of Ohio made clear that the holding of State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978), does not bar a trial court's jurisdiction over postconviction motions permitted by the Ohio Rules of Criminal Procedure after a defendant's direct appeal and an affirmance of the conviction. Because Crim.R. 32.1 permits a defendant to seek relief from a final judgment by filing a postconviction motion to withdraw a guilty or no contest plea, the trial court erred in finding it lacked jurisdiction to consider defendant's motion to withdraw his no contest plea and denying defendant's motion based on that determination. Judgment reversed and cause remanded.