# State v. McIntosh

> Ohio Court of Appeals · April 15, 2005 · 160 Ohio App. 3d 544

URL: https://www.frixlaw.com/law-library/cases/3704792

## Case

- **Full name:** The STATE of Ohio, Appellee, v. McINTOSH, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** April 15, 2005
- **Citations:** 160 Ohio App. 3d 544; 2005 Ohio 1760; 828 N.E.2d 138
- **Precedential status:** Published
- **Opinion:** Concurrence by Painter
- **Judges:** Sundermann, Doan, Painter
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3704792

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3704792. Public record. Not legal advice.