State v. Philpot

Citations

• 2022 Ohio 1499

Syllabus

Presentence motion to withdraw guilty plea ineffective assistance of counsel substitution of counsel Reagan Tokes Act objection constitutionality. The trial court did not abuse its discretion when it denied defendant's presentence motion to withdraw his guilty plea because defendant was represented by competent counsel, advised of his rights pursuant to Crim.R. 11, given notice and an opportunity to be heard, the trial court gave full and fair consideration to the motion, the motion did not state specific reasons for withdrawal, the defendant understood the nature of the charges and the possible penalties, and defendant failed to demonstrate that perhaps he was not guilty or had a complete defense. The trial court did not abuse its discretion when it denied defendant's motion for new assigned counsel because defendant did not demonstrate a complete breakdown in communication and how defense counsel's failure to file a sentencing memorandum led to an apparently unjust result. In addition, defense counsel was not ineffective for failing to object to the imposition of a Reagan Tokes sentence because this court recently found the Act to be constitutional. Therefore, defendant cannot show prejudice even if we assume deficient performance.