State v. Williams

Citations

• 2022 Ohio 2043

Syllabus

Motion to withdraw plea petition for postconviction relief final, appealable order findings of fact and conclusions of law. The failure to issue findings of fact and conclusions of law, when required, is not a jurisdictional impediment to appealing the denial of a postconviction relief petition. State ex rel. Penland v. Dinkelacker, 162 Ohio St.3d 59, 2020-Ohio-3774, 164 N.E.3d 336, ¶ 3, overruling State ex rel. Ferrell v. Clark, 13 Ohio St.3d 3, 469 N.E.2d 843 (1984), and State v. Mapson, 1 Ohio St.3d 217, 438 N.E.2d 910 (1982). Findings of fact and conclusions of law are not required when a trial court denies a motion to withdraw a plea. The trial court did not abuse its discretion by denying appellant's postsentence motion to withdraw his plea without a hearing. Appellant's petition for postconviction relief was untimely and not subject to the exceptions set forth under R.C. 2953.23(A) for untimely petitions. The trial court did not abuse its discretion by denying appellant's petition without a hearing and without issuing findings of fact and conclusions of law.