State v. Taylor, Unpublished Decision (9-27-2000)
State v. Taylor, Unpublished Decision (9-27-2000)
Opinion of the Court
Taylor did not have an absolute right to withdraw his guilty plea prior to sentencing. See State v. Xie (1992),
Taylor complained that he would have "been a lot better off with a paid lawyer[.] * * * I didn't get no kind of deal." However, Taylor's attorney worked out a plea bargain with the state whereby the state dismissed three of the seven charges against Taylor. We are unable to conclude from the record that Taylor would not have pleaded guilty, even with a new attorney. This is especially relevant in light of Taylor's confession to police about the offenses. See, e.g., State v. Whiting (Jan. 11, 1995), Hamilton App. No. C-940149, unreported. Furthermore, the record demonstrates that (1) the trial court fully explained the nature and consequences of his guilty plea (as Taylor admits in his brief to this court); (2) Taylor was represented by highly competent counsel at the plea hearing; (3) the court permitted Taylor to argue his motion to withdraw; and (4) the court fully considered Taylor's motion. See State v. Peterseim (1980),
In his second assignment of error, Taylor argues that his sentence was contrary to law. While our local trial courts typically complete "felony sentencing findings" worksheets to aid in their sentencing, and in our review, no such form was in the record of this case. While the record supports the trial court's imposition of more than the minimum terms of incarceration on three of the counts, and the maximum term on a fourth count, the record reflects that the trial court failed to make the findings required under R.C.
Therefore, we affirm the judgment of the trial court with respect to the findings of guilt entered upon the guilty pleas, and remand the case for resentencing in accordance with law. SeeState v. Johnson (Feb. 4, 2000), Hamilton App. No. C-990082, unreported.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
DOAN, P.J., GORMAN and WINKLER, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.