State v. Harris

Citations

• 2021 Ohio 1431

Syllabus

The trial court's judgment denying appellant's post-sentence motion to withdraw his guilty plea without first holding an evidentiary hearing was an abuse of discretion where the decision was based, in part, on the trial court's incorrect factual finding that appellant was advised of the maximum possible penalty for his offense before entering his guilty plea. Because the record establishes that the trial court completely failed to comply with Crim.R. 11(C)(2)(a) by not advising appellant of the maximum possible penalty during the plea colloquy, appellant's guilty plea was not knowingly, intelligently, and voluntarily entered. The trial court's judgment denying appellant's post-sentence motion to withdraw his guilty plea is reversed, the plea is vacated, and the matter is remanded for further proceedings.