State v. Ponzie

Citations

• 2026 Ohio 655

Syllabus

Guilty plea; indefinite sentence; Reagan Tokes Law; presentence motion to withdraw plea. Judgment affirmed. Appellant's plea was knowingly, intelligently, and voluntarily entered into. Although the trial court did not explain to appellant how it arrived at its calculations under the Reagan Tokes Law, it nonetheless informed appellant of the minimum and maximum times he could receive. Thus, the trial court did not completely fail to comply with Crim.R. 11(C)(2)(a) and the appellant was required to show that he was prejudiced, which he failed to do. The trial court did not abuse its discretion by denying appellant's presentence motion to withdraw his plea. Although appellant's motion was timely made, the record demonstrates that appellant was (1) represented by competent counsel, (2) given a full Crim.R. 11 hearing prior to entering his guilty plea at which he indicated that he understood the nature of the charges and possible penalties, and (3) given full and fair consideration on his request to withdraw his plea. Further, the record did not demonstrate that appellant had a plausible defense, and moreover, the State would be prejudiced by allowing him to withdraw his plea.