Opinion

State v. McIntosh

  • 160 Ohio App. 3d 544
  • 2005 Ohio 1760
  • 828 N.E.2d 138
Court
Ohio Court of Appeals
Filed
Apr 15, 2005
Status
Published
Author
Painter
On the bench
Sundermann, Doan, Painter
Cited by
32 cases

The opinion

Painter, Judge,

concurring separately.

{¶ 14} I continue to believe, as I wrote in

State v.

Jefferson,

24

that “absent a long delay in the proceedings or prejudice to the state, it is an abuse of discretion per se to deny a motion to withdraw a plea made before sentence. Of course, even if there is a delay or prejudice, another one or more of the

Fish

factors may compel setting aside the plea.”

{¶ 15} But, as I also wrote then, “prejudice to the state is one major consideration * * *.” Here, the trial court found prejudice to the state. That finding makes sense and, together with the other factors weighed by the trial court, convinces me to vote to affirm.

{¶ 16} I concur with the balance of the lead opinion as well.

24

.

State v. Jefferson,

1st Dist. No. C-020802, 2003-Ohio-4308 , 2003 WL 21947179 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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