State v. Smith

Citations

• 2025 Ohio 4377

Syllabus

Guilty plea; knowingly, voluntarily, and intelligently; effect of plea; prejudice; Crim.R. 11; presentence motion to withdraw guilty plea; abuse of discretion; freely and liberally granted. The trial court's failure to explicitly advise the appellant as to the effect of his plea pursuant to Crim.R. 11(C)(2)(b) did not excuse appellant from having to demonstrate prejudice as a result. Appellant failed to demonstrate prejudice, and therefore, this claim was overruled. Appellant also argued that the trial court abused its discretion when it denied his presentence motion to withdraw guilty plea. Appellant was represented by competent counsel, the trial court held a full hearing on appellant's motion, both sides were given an adequate opportunity to address appellant's motion, and the trial court fully considered his request. As a result, the trial court did not abuse its discretion when it denied appellant's presentence motion to withdraw guilty plea.