[Cite as State v. Riggans, 2010-Ohio-4552.]

IN THE COURT OF APPEALS OF OHIO 

THIRD APPELLATE DISTRICT 

ALLEN COUNTY 

 

STATE OF OHIO, 

 PLAINTIFF-APPELLEE, CASE NO. 1-10-38 

 v. 

WILLIE RIGGANS, O P I N I O N 

 DEFENDANT-APPELLANT. 

 

Appeal from Allen County Common Pleas Court 

Trial Court No. CR 2007 0254 

Judgment Affirmed 

Date of Decision: September 27, 2010 

 

APPEARANCES: 

Willie Riggans, Appellant 

Jana E. Emerick, for Appellee 
Case No. 1-10-38 

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SHAW, J. 

{¶1} Appellant-Defendant Willie J. Riggans (“Riggans”) appeals the 

April 30, 2010 judgment of the Allen County Court of Common Pleas overruling 

his post-sentence motion to withdraw his guilty plea. 

{¶2} On September 13, 2007, the Allen County grand jury returned a 

three count indictment charging Riggans with the following offenses. Count One: 

aggravated trafficking in drugs where the transaction took place in the vicinity of a 

school in violation of R.C. 2925.03(A)(1), (C)(1)(c), a felony of the second 

degree; Count Two: aggravated trafficking in drugs in violation of R.C. 

2925.03(A)(1), (C)(1)(c), a felony of the third degree; and Count Three: permitting 

drug abuse in violation of R.C. 2925.13(A), (C)(3), a felony of the fifth degree. 

On September 21, 2007, Riggans entered a written plea of not guilty to all three 

charges. 

{¶3} On November 7, 2007, Riggans entered a negotiated plea of guilty to 

amended charges on Counts One and Two and to Count Three as charged in the 

original indictment. Counts One and Two were both amended to charges of 

attempted aggravated trafficking in drugs, in violation of R.C. 2923.02(B) and 

R.C. 2925.03(A)(1), (C)(1)(c), both felonies of the fourth degree. 

{¶4} On December 19, 2007, the trial court sentenced Riggans to serve 

one year in prison on each of the three counts to be served consecutively, for a 
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total of three years. The court also advised Riggans that he was subject to a period 

of up to three years of post-release control. 

{¶5} On April 30, 2010, Riggans filed a “Motion to Withdraw Guilty Plea 

Due to Manifest Injustice” which the trial court subsequently overruled. Riggans 

then filed the instant appeal asserting the following assignment of error. 

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED AS A MATTER OF LAW 

WHEN IT DENIED DEFENDANT’S MOTION TO 

WITHDRAW GUILTY PLEA, WHERE THE GUILTY PLEA 

WAS PREDICATED UPON AN INSUFFICIENT 

INDICTMENT 

{¶6} In his sole assignment of error, Riggans contends that the trial court 

erred in overruling his motion to withdraw his guilty plea. An appellate court will 

not disturb a trial court’s denial of a motion to withdraw a guilty plea absent an 

abuse of discretion. State v. Nathan (1995), 99 Ohio App.3d 722, 725, 651 N.E.2d 

1044, citing State v. Smith (1977), 49 Ohio St.2d 261, 361 N.E.2d 1324. Abuse of 

discretion “connotes more than an error of law or judgment; it implies that the 

court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. 

Blakemore (1983), 5 Ohio St.3d 217, 219, 450 N.E.2d 1140. 

{¶7} Criminal Rule 32.1 states: “A motion to withdraw a plea of guilty or 

no contest may be made only before sentence is imposed; but to correct manifest 

injustice the court after sentence may set aside the judgment of conviction and 

permit the defendant to withdraw his or her plea.” Therefore, a motion to 
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withdraw a plea filed after a defendant is sentenced will be granted only to correct 

a manifest injustice with the burden of establishing the existence of a manifest 

injustice being placed upon the individual seeking vacation of the plea. Crim.R. 

32.1; State v. Smith (1997), 49 Ohio St.2d 261, 361 N.E.2d 1324. A manifest 

injustice is an exceptional defect in the plea proceedings, State v. Vogelsong, 3rd 

Dist. No. 5-06-60, 2007-Ohio-4935, ¶ 12, or a “ ‘clear or openly unjust act.’ ” 

State v. Walling, 3rd Dist. No. 17-04-12, 2005-Ohio-428, ¶ 6, quoting State ex rel. 

Schneider v. Kreiner, 83 Ohio St.3d 203, 208, 699 N.E.2d 83, 1998-Ohio-271. 

“Accordingly, a post-sentence motion to withdraw a guilty plea is only granted in 

‘extraordinary cases.’ ” State v. Driskill, 3rd Dist. Nos. 10-08-10, 10-08-11, 2009-

Ohio-2100, ¶ 32, quoting Smith, supra. 

{¶8} The Supreme Court of Ohio has recently stated that “[t]he purpose of 

a grand jury indictment has always been to give notice to the accused: ‘[A] 

criminal offense must be charged with reasonable certainty in the indictment so as 

to apprise the defendant of that which he may expect to meet and be required to 

answer; so that the court and jury may know what they are to try, and the court 

may determine without unreasonable difficulty what evidence is admissible.’ ” 

State v. Horner ̧ --Ohio St.3d--, 2010-Ohio-3830, ¶ 10, quoting Horton v. State

(1911), 85 Ohio St. 13, 19, 96 N.E. 797. Criminal Rule 7(B) further articulates the 

structure of an indictment and provides that the information contained therein: 
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may be made in ordinary and concise language without technical 

averments or allegations not essential to be proved. The 

statement may be in the words of the applicable section of the 

statute, provided the words of that statute charge an offense, or 

in words sufficient to give the defendant notice of all the 

elements of the offense with which the defendant is charged. 

Moreover, the Supreme Court of Ohio has recently held that an indictment that 

tracks the language of the criminal statute describing the offense provides the 

defendant with adequate notice of the charges against him and is not defective. 

Horner, --Ohio St.3d--, 2010-Ohio-3830, ¶ 45 citing State v. Buehner, 110 Ohio 

St.3d 403, 2006-Ohio-4707, 853 N.E.2d 1162. 

{¶9} In the present case, Riggans maintains that he should be permitted to 

withdraw his guilty plea because the indictment was not sufficient to charge an 

offense. As the basis for his contention, Riggans argues that the indictment was 

flawed because Counts One and Two alleged that he had trafficked in “Ecstasy,” 

which Riggans asserts is not listed as a drug on the Schedule of Controlled 

Substances in R.C. 3719.41.1

 With regard to Counts One and Two, the indictment 

specifically stated the following as to each count: 

COUNT ONE: 

WILLIE J. RIGGANS * * * did knowingly sell or offer to sell a 

Schedule I or II controlled substance, to wit: Ecstasy; in an 

amount that equals or exceeds the bulk amount but does not 

exceed five times the bulk amount; said transaction took place in 

 

1

 As previously mentioned, we note that Riggans entered a negotiated plea of guilty to amended charges of 

attempted aggravated trafficking in drugs in violation of R.C. 2923.02 and R.C. 2925.03(A)(1), (C)(1)(c). 

On appeal, Riggans only takes issue with the term Ecstasy being included in the indictment. 
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the vicinity of a school; in violation of the Ohio Revised Code 

Section 2925.03(A)(1), (C)(1)(c), a felony of the 2nd degree* * *. 

COUNT TWO: 

WILLIE J. RIGGANS * * * did knowingly sell or offer to sell a 

Schedule I or II controlled substance, to wit: Ecstasy; in an 

amount that equals or exceeds the bulk amount but does not 

exceed five times the bulk amount; in violation of the Ohio 

Revised Code Section 2925.03(A)(1), (C)(1)(c), a felony of the 3rd 

degree* * *. 

{¶10} As stated above, the indictment identifies the statute section 

numbers, R.C. 2925.03(A)(1), (C)(1)(c). These sections describe the offenses with 

which Riggans was charged in the following manner: 

(A) No person shall knowingly do any of the following: 

(1) Sell or offer to sell a controlled substance; 

* * * 

{¶1} Whoever violates division (A) of this section is guilty of 

one of the following: 

(1) If the drug involved in the violation is any compound, 

mixture, preparation, or substance included in schedule I or 

schedule II, with the exception of marihuana, cocaine, L.S.D., 

heroin, and hashish, whoever violates division (A) of this section 

is guilty of aggravated trafficking in drugs. The penalty for the 

offense shall be determined as follows: 

(c) Except as otherwise provided in this division, if the amount of 

the drug involved equals or exceeds the bulk amount but is less 

than five times the bulk amount, aggravated trafficking in drugs is 

a felony of the third degree, and the court shall impose as a 

mandatory prison term one of the prison terms prescribed for a 

felony of the third degree. If the amount of the drug involved is 

within that range and if the offense was committed in the vicinity 

of a school or in the vicinity of a juvenile, aggravated trafficking in 

drugs is a felony of the second degree, and the court shall impose 
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as a mandatory prison term one of the prison terms prescribed 

for a felony of the second degree. 

R.C. 2925.03(A)(1), (C)(1)(c). (Emphasis Added.) 

{¶11} After reviewing the indictment in the context of the statute, it is 

evident that the indictment tracks the language of the criminal statute describing 

the offenses and provides Riggans with adequate notice of the charges against 

him. The indictment adequately informs Riggans that he is being charged with 

trafficking in a controlled substance included in Schedule I or II as stated in the 

statute. Moreover, the inclusion of the term “Ecstasy” in the indictment is merely 

superfluous and only serves to provide Riggans with more specific information 

than set forth in the statute to describe the charges against him.2

 

{¶12} Because the indictment as stated was sufficient to provide Riggans 

with adequate notice of the charges against him, we do not find that a manifest 

injustice has been placed on Riggins because the term “Ecstasy” was included in 

the indictment. Accordingly, we cannot conclude that the trial court abused its 

discretion in overruling Riggan’s post-sentence motion to withdraw his guilty 

plea. 

{¶13} Notwithstanding the discussion above, we further note that Riggans 

waived any deficiency in the indictment by failing to object to the indictment and 

 

2

 Ecstasy is the “street name” for methylenedioxymethamphetamine, also known as “MDMA,” and is 

classified as a “Schedule I” controlled substance. See State v. Stewart, 3rd Dist. No. 13-08-18, 2009-Ohio3411, n.3; see, also R.C. 3719.41. 
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by pleading guilty to the offense. See State v. Barton, 108 Ohio St.3d 402, 413, 

2006-Ohio-1324, ¶ 12, 844 N.E.2d 304. Criminal Rule 12(C)(2) mandates that 

“[d]efenses and objections based on defects in the indictment” must generally be 

raised “[p]rior to” trial, and “failure to timely object to the allegedly defective 

indictment constitutes a waiver of the issues involved.” Barton, supra, citing State 

v. Joseph (1995), 73 Ohio St.3d 450, 455, 653 N.E.2d 285. See also Horner, --

Ohio St.3d--, 2010-Ohio-3830, ¶ 46 (reiterating that the failure to timely object to 

a defect in the indictment constitutes a waiver of the error). 

{¶14} Based on all these reasons, the judgment of the Allen County Court 

of Common Pleas is affirmed. 

Judgment Affirmed 

WILLAMOWSKI, P.J., and PRESTON, J., concur 

/jnc