[Cite as State v. Young, 2022-Ohio-3527.]

IN THE COURT OF APPEALS OF OHIO 

SEVENTH APPELLATE DISTRICT

COLUMBIANA COUNTY

STATE OF OHIO,

Plaintiff-Appellee,

v.

MATTHEW R. YOUNG,

Defendant-Appellant.

OPINION AND JUDGMENT ENTRY

Case Nos. 21 CO 0018, 21 CO 0019

Criminal Appeal from the

Court of Common Pleas of Columbiana County, Ohio

Case Nos. 2021 CR 21, 2020 CR 362

BEFORE:

Carol Ann Robb, Gene Donofrio, Cheryl L. Waite, Judges.

JUDGMENT:

Affirmed.

Atty. Vito Abruzzino, Prosecuting Attorney, Atty. Ryan P. Weikart, Chief Assistant 

Prosecuting Attorney, 135 South Market Street, Lisbon, Ohio 44432 for Plaintiff-Appellee

and

Atty. J. Michael Salmon, Salmon Law Office, LLC, 1144 S. Detroit Ave. #140966, Toledo, 

Ohio 43614 for Defendant-Appellant.

Dated: September 29, 2022
– 2 –

Case No. 21 CO 0018, 21 CO 0019

Robb, J.

{¶1} Appellant, Matthew Young, appeals his convictions in two separate 

Columbiana County Common Pleas cases after pleading guilty in both to multiple counts 

of drug possession and trafficking. Appellant’s appeals have been consolidated for 

briefing purposes, and his assignments of error are identical for both underlying cases. 

He argues on appeal that the trial court abused its discretion by not conducting a full 

hearing on his motion to withdraw his guilty pleas. He also contends the court erred by 

failing to consider all relevant factors, especially the state’s alleged failure to abide by the 

plea agreements, before it overruled Appellant’s motion to withdraw his guilty pleas. For 

the following reasons, we affirm. 

Statement of the Case

{¶2} In Columbiana County Common Pleas case number 2021 CR 21, Appellant 

was charged via secret indictment with three offenses: trafficking in cocaine, a thirddegree felony; possession of cocaine, a third-degree felony; aggravated possession of 

drugs, a third-degree felony; and three attendant forfeiture of money specifications. After 

the exchange of discovery, Appellant moved to suppress claiming the stop that led to the 

charges against him was illegal and unconstitutional. 

{¶3} Seven days later, on April 28, 2021, Appellant entered a plea agreement 

and agreed to plead guilty to all three charges with the state agreeing to recommend ninemonth terms of imprisonment on each of the three counts to run concurrent with each 

other but consecutive with the sentence imposed in his other case pending in the 

Columbiana Court of Common Pleas. This case was then transferred to be sentenced 

with case number 2020 CR 362. 

{¶4} In Columbiana County Common Pleas case number 2020 CR 362, 

Appellant was charged via secret indictment with seven offenses: trafficking in cocaine, 

a first-degree felony; aggravated trafficking in drugs, a third-degree felony; aggravated 

possession of drugs, a third-degree felony; possession of cocaine, a first-degree felony; 

two counts of aggravated possession of drugs, fifth-degree felonies; possession of drugs, 

a first-degree misdemeanor; and four attendant specifications for the forfeiture of money. 
– 3 –

Case No. 21 CO 0018, 21 CO 0019

After the exchange of discovery, Appellant moved to suppress evidence in this case as 

well. 

{¶5} On April 28, 2021, Appellant entered a plea agreement in this case too, 

agreeing to plead guilty to all seven charges with the state agreeing it would recommend 

the following sentence: 

“CTS I and IV—a concurrent 5-year term of incarceration in a state 

correctional facility on each count (tail would be 7 1⁄2 years). CTS II, III, IV, 

V, and VI—a concurrent 12-month term of incarceration in a state 

correctional facility on each count. CT VII—a 180-day term of incarceration 

in the county jail. All terms to run concurrent (total recommendation = 5 

years). [sic]”

{¶6} Both written plea agreements state in pertinent part: “Miscellaneous 

agreement: This recommendation is contingent on the defendant appearing at all 

scheduled hearings and being of general good behavior pending sentencing.” (April 28, 

2021 Plea Agreements.) 

{¶7} The plea agreements were accepted in both cases at the April 28, 2021 

hearing before Judge Bickerton. At this hearing, the state made it clear that its agreedupon recommended sentences were contingent upon Appellant’s good behavior pending 

sentencing. The prosecutor also explained that he filed a motion to revoke Appellant’s 

bond the morning of the plea hearing, but he asked the court to hold it in abeyance “with 

the admonition to the Defendant that this recommendation is contingent upon him 

appearing at all future hearings and being of good general behavior pending sentencing. 

* * * If there is one more misstep while out on bond[,] I will not hesitate to change my 

recommendation based on these plea agreements * * *.” (April 28, 2021 Tr. 4.) 

{¶8} The April 28, 2021 plea hearing confirms that Appellant was represented by 

counsel at the hearing; the court reviewed all the rights that Appellant was waiving by 

entering guilty pleas; Appellant and his counsel agreed that he understood his rights and 

agreed to the terms of the plea agreement. The prosecutor agreed on the record that he 

would recommend concurrent terms for a total five-year recommended sentence in case 

number 20 CR 362 to run consecutive with the recommended concurrent nine-month 

terms in case number 21 CR 21. (April 28, 2021 Tr. 2-3.)
– 4 –

Case No. 21 CO 0018, 21 CO 0019

{¶9} Appellant acknowledged he had not been threatened or promised anything 

and the agreement read into the record was consistent with his understanding. Appellant 

confirmed he knew of the possible penalties, including fines. The court accepted the 

guilty pleas and scheduled sentencing. After accepting Appellant’s guilty pleas, the judge 

warned him, stating: “I suggest you keep your nose clean, because you got a lot of time 

hanging over your head. And right now that recommendation is five years. But if you 

continue doing what you’re doing and you get caught, I’m going to guess it’s going to be 

a lot more than that.” (April 28, 2021 Tr. 29.) The court then set a consolidated sentencing 

hearing for both cases. 

{¶10} After Appellant entered both plea agreements, but before sentencing, the 

state filed a renewed motion to revoke Appellant’s bond on April 30, 2021. For cause, 

the state relied on new charges pending against Appellant and noted that the underlying 

allegations resulting in these charges were violations of his plea agreements as well. The 

motion states: “It was made clear at the defendant’s plea hearing on April 28, 2021 that 

any additional missteps by defendant would result in a motion to revoke and violate the 

terms of the plea agreement.” (April 30, 2021 Renewed Motion to Revoke Bond.) 

{¶11} The court held a bond revocation hearing on May 4, 2021. Counsel and 

Appellant were present. At the beginning of this hearing, the prosecutor detailed that 

there were three separate dates resulting in separate charges against Appellant in 

municipal court. One incident was April 10, 2021, the second was April 17, 2021, and the 

third was on April 24, 2021. The state introduced certified copies of the dockets in these 

proceedings as State’s Exhibit 1. Defense counsel reviewed the packet of municipal court 

dockets and did not object to the admission. These three offenses predated the plea 

agreement, and the state was aware of them at the time it entered the plea agreements 

with Appellant. 

{¶12} The prosecutor then told the court Appellant had also very recently engaged 

in other misconduct that would bring more criminal charges not yet filed. The state had 

a St. Clair Township Patrolman present to testify about the additional charge to be filed 

against Appellant. The patrolman did not testify, however, because Appellant’s attorney 

conceded they were aware Appellant was going to be charged with resisting arrest the 
– 5 –

Case No. 21 CO 0018, 21 CO 0019

next day for an incident dated April 30, 2021. Appellant was asked if he had anything to 

say or any questions, and he did not. (May 4, 2021 Tr. 9-10.) 

{¶13} On May 21, 2021 the joint sentencing hearing was held. The prosecutor 

stated Appellant’s additional misconduct pending sentencing left him no choice but to 

recommend a higher than agreed upon sentencing recommendation because Appellant 

had not abided by the agreement. Immediately thereafter, Appellant’s attorney orally 

moved to withdraw his guilty pleas. The Appellant’s reason was the state had breached 

the plea agreements by not making the agreed-upon sentencing recommendations to the 

court. The court addressed the oral motion to withdraw his pleas, allowed both parties to 

address the merits of the issue, and overruled it during the sentencing hearing. (May 21, 

2021 Tr. p. 10-12.) 

{¶14} At the May 21, 2021 sentencing hearing, the prosecutor stated in part:

With this plea that was done before Judge Bickerton, because the 

Court was in jury trial here, the defendant was given an opportunity to 

remain out on bond, and lock-in a five-year recommendation in these 

matters.

All he had to do was make it five weeks to get to today’s point without 

any other issues. He didn’t even make it 24 hours before failing to appear 

in East Liverpool, which ultimately led to a warrant, and then running from 

the police, and resulted in a resisting arrest conviction in East Liverpool.

It’s inherent in every plea agreement that the defendant live up to his 

side of the bargain, he’s to not be breaking bond conditions and committing 

new crimes. There’s case law out here that supports that. 

We have actually gone the extra step over the course - - at least I 

personally have gone the extra step over the course of the last year and 

writing into my agreements that the recommendation is contingent upon * * 

* being of general good behavior pending sentencing.

Those aren’t idol [sic] words, Your Honor. 

* * * I will recognize the offer was for five years on 20-CR-362. Given 

his record and continued disrespect and disregard for the law, I’m going to 
– 6 –

Case No. 21 CO 0018, 21 CO 0019

ask the Court consider on the felony ones in that case imposing [a 

mandatory term of] seven years. 

On the 21-CR-21 case, I will remain with the felony threes at a ninemonth recommendation. I’m going to ask the Court to consider running 

those consecutively. 

(May 21, 2021 Tr. 7-10.) Thereafter, Appellant’s counsel stated:

{¶15} It appears by [the prosecutor’s] recommendation today that, in fact, he’s 

asked this Court to set aside the plea agreement. My client is [in] agreement with setting 

aside the plea agreement, [and] asks this matter be set for trial. 

THE COURT: Well –

[DEFENSE COUNSEL]: My client wishes to withdraw his plea at this 

time, Your Honor. 

THE COURT: Well, for what reason * * * ?

[DEFENSE COUNSEL]: Because he was promised five years, Your 

Honor. At this point the prosecutor is not honoring that plea. So he has no 

problem with the Court withdrawing that plea and setting the matter for trial. 

[THE STATE:] Your Honor, that’s not grounds. He signed into a plea 

agreement that was contingent upon – if you go review the [sentencing] 

record * * *, it was made very clear. That is not grounds for withdrawing a 

plea agreement. 

This just kind of goes into the game playing that this defendant has 

done time and time again. And there’s no case law that says that that is 

grounds for withdrawing his plea just because he has a change of heart 

because he couldn’t behave himself. 

THE COURT: All right. Well, * * * I didn’t take the plea. I wasn’t 

present at the time of the plea hearing, but the agreement, at least in the 

362 case, clearly indicates the contingencies. It also states the judge is not 

a party to the agreement. 

So I’m going to deny the request to withdraw the plea. * * * [W]e’ll 

proceed with the sentencing, if there’s anything you wish to say on behalf 

of Mr. Young, you may do so. 
– 7 –

Case No. 21 CO 0018, 21 CO 0019

(May 21, 2021 Tr. 10-12.) Appellant did not make a statement. And during the sentencing 

aspect of the hearing, the court again asked Appellant if he wanted to make a statement, 

and he did not. 

{¶16} In case number 2020 CR 362, Appellant was then sentenced as follows:

On Count 1, the Defendant is sentenced to a mandatory indefinite 

prison term of Seven (7) years minimum to Ten and One-Half (10 1⁄2) years 

maximum. On Count 2, the Defendant is sentenced to definite prison term 

of Twelve (12) months. On Count 3, the Defendant is sentenced to definite 

prison term of Twelve (12) months. On Count 4, the Defendant is sentenced 

to a mandatory indefinite prison term of Seven (7) years minimum to Ten 

and One-Half (10 1⁄2) years maximum. On Count 5, the Defendant is 

sentenced to definite prison term of Twelve (12) months. On Count 6, the 

Defendant is sentenced to definite prison term of Twelve (12) months. On 

Count 7, the Defendant is sentenced to definite term of local incarceration 

in the Columbiana County Jail for 180 days. The Defendant’s indefinite and 

definite prison terms and the definite term of local incarceration shall be 

served concurrently with each other. 

(Case No. 2020 CR 362 May 24, 2021 Judgment.) The court also determined Appellant 

forfeited $1,245.00 and ordered him to pay a $10,000 mandatory fine on count one and 

a $5,000 fine on count two. 

{¶17} In case number 2021 CR 21, Appellant was sentenced to three concurrent 

9-month terms to run consecutive to his term in case number 2020 CR 362. (Case No. 

2021 CR 21 May 24, 2021 Judgment.) 

{¶18} Appellant appealed his convictions in both cases, and we consolidated his 

appeals for briefing purposes. 

Assignment of Error Number One:

{¶19} Appellant’s first of three assignments of error asserts:

“Trial Court abused its discretion by not conducting a full and fair hearing on 

Appellant’s presentence motion to withdraw his guilty plea.” 

{¶20} Here, Appellant argues the court did not conduct a “full and fair” hearing 

because the matter was addressed at his sentencing hearing and the court’s limited 
– 8 –

Case No. 21 CO 0018, 21 CO 0019

amount of attention spent on his motion shows it did not address the requisite factors. 

We disagree. 

{¶21} Crim.R. 32.1 states in part: “A motion to withdraw a plea of guilty or no 

contest may be made only before sentence is imposed or imposition of sentence is 

suspended * * *.” Crim.R. 32.1, however, “gives no guidelines for a trial court to use when 

ruling on a presentence motion to withdraw a guilty plea.” State v. Xie, 62 Ohio St.3d 

521, 525-26, 584 N.E.2d 715 (1992). Thus, we use caselaw to guide us. Id. 

{¶22} The Ohio Supreme Court in Xie held before ruling on a presentence motion 

to withdraw a plea, a court should conduct a hearing to determine whether there is a 

“reasonable and legitimate basis” for plea withdrawal. Id. at 527. We review a trial court’s 

decision overruling a motion to withdraw a guilty plea for an abuse of discretion. Xie,

paragraph two of the syllabus. An abuse of discretion means the trial court’s decision 

was “unreasonable, arbitrary or unconscionable.” State v. Adams, 62 Ohio St.2d 151, 

157, 404 N.E.2d 144 (1980). 

{¶23} Although a court should hold a hearing on a presentence motion to withdraw 

a guilty plea, a court is not required to postpone sentencing and conduct a separate 

hearing to address an oral motion to withdraw a plea raised during that hearing. See 

State v. Williams, 7th Dist. Mahoning No. 11 MA 131, 2012-Ohio-6277, ¶ 10. 

{¶24} As detailed previously, during the sentencing hearing, Appellant’s counsel 

indicated Appellant wanted to withdraw his plea immediately after the prosecution’s 

declaration that it could no longer make the agreed-upon recommendations since 

Appellant was again facing additional charges. Appellant and his counsel were well 

aware of the additional charge he was facing and conceded it was going to be filed. The 

matter of this new charge was fully addressed at the bond revocation hearing, and 

Appellant’s counsel acknowledged the new charges were imminent. At that hearing, the 

state indicated this was a violation of the plea agreement. The state likewise warned this 

was a violation of the plea agreement in its written motion to revoke Appellant’s bond filed 

April 30, 2021. Thus, Appellant had notice the state could not abide by the agreement in 

light of Appellant’s breach. (April 30, 2021 Renewed Motion to Revoke Bond; May 4, 

2021 Bond Revocation Hearing.) 
– 9 –

Case No. 21 CO 0018, 21 CO 0019

{¶25} Approximately 18 days passed after the bond revocation hearing and the 

date of his sentencing hearing, yet Appellant did not file a motion to withdraw his pleas. 

Then, when faced with the reality the state did not overlook his noncompliance with the 

terms of the agreement, Appellant attempted to avoid his commitment minutes before the 

court imposed his sentences. 

{¶26} Appellant provides no reason to withdraw his plea other than the contention 

the state breached the agreement first. However, Appellant’s noncompliance was well 

documented by the state, and Appellant had ample warning the state would not abide by 

the agreement when Appellant had already breached it. Based on the timing of the oral 

request coupled with the singular reason given by Appellant, which was already 

addressed at a prior hearing, we cannot find the court abused its discretion by not 

conducting an additional hearing. The court sufficiently addressed the merits of the 

motion. See State v. Wolfson, 4th Dist. Lawrence No. 02CA28, 2003-Ohio-4440, ¶ 16.

{¶27} The defendant in State v. Wolfson, 4th Dist. Lawrence No. 02CA28, 2003-

Ohio-4440, orally moved to withdraw her guilty plea during her sentencing hearing after 

the state made its sentencing recommendation and after she pled guilty at a separate 

hearing. Wolfson sought a continuance to file a written motion to withdraw her plea and 

argued she was under the influence of medication at the time of her plea and mistakenly 

thought the state would recommend a substance abuse treatment. Instead, it 

recommended time in a community control correctional facility. Id. at ¶ 5-7. The court 

rejected her oral motion after addressing it during the sentencing hearing, and the Fourth 

District affirmed the trial court’s decision. Id. at ¶ 18-21. 

{¶28} As in Wolfson, the parties here were before the court with counsel, 

Appellant’s oral motion to withdraw his guilty pleas was fully argued by both sides, and 

addressed by the court. Appellant’s first assigned error lacks merit. 

Assignments of Error Two and Three

{¶29} Because Appellant’s second and third assignments of error are interrelated, 

we address them together. They contend: 

“Trial Court abused its discretion in not considering all relevant factors before 

denying Appellant’s presentence motion to withdraw his guilty plea.”
– 10 –

Case No. 21 CO 0018, 21 CO 0019

“Trial Court abused its discretion in denying Appellant’s presentence motion to 

withdraw his guilty plea due to the state’s failure to follow the terms of the plea 

agreement.”

{¶30} Appellant’s second and third assignments of error allege the trial court 

abused its discretion by not considering all the relevant factors, especially the fact that

the state, and not Appellant, breached the plea agreements. We disagree. 

{¶31} The Ohio Supreme Court in Xie set forth the following standard regarding 

presentence motions to withdraw guilty pleas: 

Even though the general rule is that motions to withdraw guilty pleas before 

sentencing are to be freely allowed and treated with liberality, * * * still the 

decision thereon is within the sound discretion of the trial court. * * * Thus, 

unless it is shown that the trial court acted unjustly or unfairly, there is no 

abuse of discretion. * * * One who enters a guilty plea has no right to 

withdraw it. It is within the sound discretion of the trial court to determine 

what circumstances justify granting such a motion. * * *.

(Citations omitted.) Id. at 526. 

{¶32} When determining whether to grant a presentence motion to withdraw a 

plea, a trial court should weigh the following factors: 

(1) whether the state will be prejudiced by withdrawal; (2) the representation 

afforded to the defendant by counsel; (3) the extent of the Crim.R. 11 plea 

hearing; (4) the extent of the hearing on the motion to withdraw; (5) whether 

the trial court gave full and fair consideration to the motion; (6) whether the 

timing of the motion was reasonable; (7) the reasons for the motion; (8) 

whether the defendant understood the nature of the charges and potential 

sentences; and (9) whether the accused was perhaps not guilty or had a 

complete defense to the charge. 

(Citations omitted.) State v. Griffin, 141 Ohio App.3d 551, 553-54, 752 N.E.2d 310 (7th

Dist. 2001). 

{¶33} No one factor should be the focus. State v. Charity, 7th Dist. Mahoning No. 

19 MA 0001, 2019-Ohio-5252, ¶ 18. When ruling on a motion to withdraw a guilty plea, 

a trial court is not required to issue findings of fact and conclusions of law. State ex rel.
– 11 –

Case No. 21 CO 0018, 21 CO 0019

Chavis v. Griffin, 91 Ohio St.3d 50, 741 N.E.2d 130 (2001). And whether the defendant 

has presented a proper basis to withdraw his guilty plea is left to the sound discretion of 

the trial court. Xie, supra, at 526. 

{¶34} Appellant claims the state breached, which caused him to withdraw his 

commitment to the plea agreements. However, the prosecution was very upfront at the 

time of the plea agreements and during the bond revocation hearing that its agreement 

to make certain sentencing recommendations was contingent upon Appellant’s ability to 

stay out of trouble after the plea agreement was entered and before sentencing. 

{¶35} Further, the May 4, 2021 bond revocation hearing confirms Appellant and 

his attorney were present before the judge per the state’s renewed motion to revoke his 

bond filed April 30, 2021. The state urged the court to revoke his bond in light of his 

recent additional infraction. In addition to the several offenses charged in East Liverpool 

Municipal Court before Appellant’s plea agreements were reached on April 28, 2021, 

Appellant was also facing an additional charge arising from an April 30, 2021 incident. 

The state advised the court Appellant was going to be charged with resisting arrest which 

had not yet been filed. At this same hearing, Appellant’s counsel acknowledged Appellant 

knew he would be charged with resisting arrest the next day. 

{¶36} Although the trial court here did not state it considered the requisite factors, 

nor did it detail its findings upon applying the applicable factors, it was not required to do 

so. Id. Upon our review of the necessary factors, this court agrees the trial court did not 

abuse its discretion in overruling Appellant’s motion to withdraw his guilty pleas. 

{¶37} In State v. Calloway, 7th Dist. Mahoning No. 10 MA 147, 2011-Ohio-4257, 

this court affirmed the trial court’s decision overruling a motion to withdraw a guilty plea 

after weighing the relevant factors. Calloway had breached the agreement by demanding 

the state recommend a lower than agreed upon sentence. We also found Calloway had 

been given multiple opportunities to cooperate and satisfy his commitment to aid law 

enforcement in a murder and burglary investigation, but failed to do so. ¶ 10. We upheld 

the denial of Calloway’s motion to withdraw his plea and held it was not reasonable to 

allow a defendant to withdraw his plea when the defendant breached the agreement first. 

Id.
– 12 –

Case No. 21 CO 0018, 21 CO 0019

{¶38} In State v. West, 9th Dist. Lorain No. 04CA008554, 2005-Ohio-990, ¶ 25, 

the Ninth District Court of Appeals addressed the denial of an oral motion to withdraw a 

plea agreement. During his sentencing hearing, West moved to withdraw his plea of guilty

and alleged there was some possible evidence of his innocence. During the sentencing 

hearing, the court addressed the alleged new evidence and allowed both parties to make 

arguments on the issue before overruling the motion to withdraw and moving on to the 

sentencing aspect of the hearing. It found there was no new evidence as West had 

alleged, but he merely changed his mind about pleading guilty. Id. at ¶ 25-27. The Ninth 

District rejected West’s arguments on appeal, explaining “[f]or Appellant to claim that he, 

as the party who breached the plea agreement, is entitled to benefit from his breach by 

withdrawing his guilty plea is akin to arguing that the party who breaches a contract 

should be rewarded for his breach. * * * It is fundamental that the law will not reward a 

breaching party.” (Citations omitted.) Id. at ¶ 30. 

{¶39} Like the defendants in Calloway and West, Appellant is complaining the 

state did not uphold its side of the plea agreement when Appellant had already breached 

the agreements based on his subsequent criminal charges before sentencing. 

{¶40} Upon reviewing the applicable and requisite factors here, we agree with the 

trial court’s decision and find no abuse of discretion. As for prejudice to the state, if 

Appellant were allowed to breach the plea agreement by not complying with its terms but 

then still obligate the state to make its agreed-upon, reduced sentencing 

recommendations, this would create bad precedent for the prosecution. It could lead to 

more defendants disregarding the terms of their release while out on bond pending 

sentencing and possibly fewer plea agreements. 

{¶41} Further, Appellant was represented by an attorney throughout the 

proceedings, and there is no indication he was dissatisfied with that representation. 

Appellant and the trial court also engaged in the proper Crim.R. 11(C) colloquy when he 

entered his guilty pleas. The plea hearing shows Appellant was fully aware of the charges 

against him, the penalties he faced, and the rights he was foregoing by entering both plea 

agreements. The trial court verified he was entering his pleas knowingly and voluntarily. 

Appellant does not claim his pleas were involuntary; he was denied counsel; he had a 

defense; or he misunderstood the prison terms he was facing. 
– 13 –

Case No. 21 CO 0018, 21 CO 0019

{¶42} The court likewise gave full and fair consideration to the motion to withdraw 

his plea agreements during sentencing. The court was well aware of the reason for the 

motion, discussed it, and gave both parties an opportunity to make arguments about it. 

The court determined Appellant’s motion did not warrant allowing him to withdraw his plea 

agreements. 

{¶43} The timing of Appellant’s motion weighs in favor of denying it since 

Appellant orally moved to withdraw his pleas immediately after the state’s 

recommendation at the sentencing hearing. The state recommended sentences different 

than those in the parties’ written agreements in light of Appellant’s failure to comply with 

the terms of the plea agreements. The timing of his motion was not reasonable in light of 

these facts. 

{¶44} Last, Appellant does not contend actual innocence or that he had some 

other defense warranting the withdrawing of his plea agreements. He simply sought to 

avoid his plea agreements to avoid sentencing in light of the prosecutor’s statement he 

could no longer make the agreed-upon recommendations. 

{¶45} Appellant claimed the state breached the plea agreements; but he was the 

one who failed to abide by its terms. The reason and the timing weigh heavily against 

Appellant’s argument. See State v. Perez, 7th Dist. Mahoning No. 12 MA 110, 2013-

Ohio-3587, ¶ 21. Appellant was well aware of the terms of the plea agreements and his 

commitment to behave pending sentencing since this was enunciated at the plea hearing; 

included in both written plea agreements; and reiterated at the bond revocation hearing. 

(April 28, 2021 Plea Hearing Tr. 29.) 

{¶46} Based on the foregoing, the trial court did not abuse its discretion by 

concluding Appellant did not present a “reasonable and legitimate basis” for withdrawing 

his plea agreements. State v. Xie, 62 Ohio St.3d 521, 527, 584 N.E.2d 715 (1992). The

relevant factors weigh against granting the motion. The only reason the state did not

abide by the plea agreements was because Appellant had already breached them. 

Accordingly, Appellant’s second and third assignments of error lack merit and are 

overruled. 
– 14 –

Case No. 21 CO 0018, 21 CO 0019

Conclusion

{¶47} The trial court addressed the merits of Appellant’s motion to withdraw his 

guilty pleas during his sentencing hearing, and it provided him the requisite full and fair 

hearing required. Thus, Appellant’s first assigned error lacks merit. 

{¶48} The trial court did not abuse its discretion by concluding Appellant did not 

present a “reasonable and legitimate basis” for withdrawing his pleas. Appellant failed to 

abide by his plea agreements, which resulted in the state’s decision to recommend higher 

than agreed upon sentences in both cases. The weighing of the necessary and applicable 

factors supports the trial court’s decision overruling Appellant’s presentence motion to 

withdraw his guilty pleas. Appellant’s second and third assigned errors lack merit. 

{¶49} Because the trial court’s decision comports with reason and is supported by 

the record, we affirm.

Donofrio, P J., concurs.

Waite, J., concurs.
[Cite as State v. Young, 2022-Ohio-3527.]

For the reasons stated in the Opinion rendered herein, the assignments of error 

are overruled and it is the final judgment and order of this Court that the judgment of the 

Court of Common Pleas of Columbiana County, Ohio, is affirmed. Costs waived.

A certified copy of this opinion and judgment entry shall constitute the mandate in 

this case pursuant to Rule 27 of the Rules of Appellate Procedure. It is ordered that a 

certified copy be sent by the clerk to the trial court to carry this judgment into execution.

NOTICE TO COUNSEL

This document constitutes a final judgment entry.