State v. Veneroni, Unpublished Decision (2-2-2007)
State v. Veneroni, Unpublished Decision (2-2-2007)
Opinion of the Court
{¶ 2} Veneroni moved to vacate his plea on May 5, 2006, and in an accompanying affidavit he stated he was innocent of the charges, that he never went to court and signed anything, that his attorney told him to plead guilty, that he did not think he was adequately represented, that he did not understand his rights, and he was not in the "right frame of mind" and suffered a seizure on the night before his court date. The trial court denied his motion without a hearing on May 9, 2006.
{¶ 3} In a single assignment of error, Veneroni argues that the trial court committed prejudicial error in failing to conduct a hearing on his motion. Crim.R. 32.1 provides that the trial court may permit a defendant to withdraw his guilty plea after sentence to correct a manifest injustice. The Supreme Court has held there is no specific requirement to hold a hearing when the defendant seeks to withdraw his guilty plea after sentencing. State v. Francis,
{¶ 4} "There is no specific requirement to hold a hearing in this situation. However, it sometimes is difficult for an appellate court to review a trial court's ruling on a motion to withdraw a plea to determine whether an abuse of discretion occurred when no hearing was held.
{¶ 5} "In State v. Xie,
{¶ 6} "Furthermore, the trial court's failure to specify any reasons in its journal entry denying the motion severely hampers any consideration of whether an abuse of discretion occurred. There is no specific requirement that the trial court issue findings of fact and conclusions of law. See State v. McNeal, Cuyahoga App. No. 82793,
{¶ 7} The State did not file a brief in this matter but in response to an order to show cause why the court should not proceed without his brief, prosecuting attorney, David Caldwell, informed us that Veneroni's plea and sentencing were conducted in the trial court judge's chambers and that there is no transcript of the proceedings. Also, the trial court did not indicate in its sentencing entry that it had complied with Crim.R. 11 in obtaining Veneroni's plea and that it was satisfied that his plea was knowingly, intelligently, and voluntarily entered into with full knowledge of its consequences.
{¶ 8} Veneroni contends he never went to court, never signed anything, did not understand his rights, and he did not think he was adequately represented. The trial court may not have abused its discretion in denying Veneroni's motion. However, the trial court's failure to explain why it denied the motion and its failure to provide Veneroni a hearing makes it impossible to review the trial court's determination in this matter. The trial court thus erred in failing to provide Veneroni a hearing on his motion. The assignment of error is Sustained. The judgment of the trial court is Reversed and Remanded for further proceedings.
Grady and Donovan, JJ., concur.
Reference
- Full Case Name
- State of Ohio v. Donald Veneroni
- Cited By
- 1 case
- Status
- Unpublished