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State v. Hall

Citations

  • 2023 Ohio 4539

Syllabus

Motion to withdraw guilty plea Crim.R. 32.1 manifest injustice advice of counsel Crim.R. 11 plea colloquy totality of the circumstances prediction ineffective assistance of counsel. Judgment affirmed. The trial court did not err in denying defendant-appellant's motion to withdraw his guilty plea where the totality of the circumstances demonstrates that defendant-appellant failed to demonstrate that a \manifest injustice\ occurred when his trial counsel erroneously predicted the amount of prison time that he would receive, but the trial court adequately informed him of the maximum sentence he could receive during the Crim.R. 11 colloquy. Defendant-appellant also claimed that he received ineffective assistance of counsel due to his counsel's erroneous prediction as to the prison term that defendant-appellant would receive. However, defendant-appellant failed to argue that but for his counsel's alleged ineffective assistance, he would have elected to proceed to trial, foreclosing our analysis of the issue.

Judges: Celebrezze

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