Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-18-628273-A
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Fallon Radigan, Assistant County Prosecuting
Attorney, for appellee.
Russell S. Bensing, for appellant.
JOURNAL ENTRY AND OPINION
A. JONES, SR, JUDGE.
1} Defendant-appellant Yvonne Hall
("Hall") appeals the trial court's denial of
her motion to withdraw her guilty plea and defense
counsel's motion to withdraw as counsel. For the reasons
that follow, we affirm.
2} In 2018, Hall was charged with two counts of
rape, two counts of gross sexual imposition, and one count of
kidnapping. The victim was the five-year-old child of
Hall's partner, with whom she lived. As charged, Hall was
facing a mandatory sentence of life in prison. Hall entered
into a plea bargain with the state and pleaded guilty to one
count of sexual battery and one count of gross sexual
3} Prior to sentencing, Hall's attorney filed a
motion to withdraw as counsel. The attorney also filed a
motion to withdraw Hall's guilty plea. At the sentencing
hearing, Hall told the court that she wanted to withdraw her
guilty plea because she was innocent and her attorney had
told her that if she pleaded guilty, she might get probation.
She expressed that her attorney was discussing the case with
her father, who had retained the attorney, and the attorney
had pressured her into pleading guilty. Hall's attorney
told the court that he had explained to his client that the
case had many difficulties and he had counseled his client
against taking the case to trial. The state objected to
Hall's motion to withdraw her plea.
4} The court denied both motions and sentenced Hall
to eight years in prison, five years of postrelease control,
and classified her as a Tier III sex offender.
5} Hall filed a notice of appeal and raises two
assignments of error:
I. The trial court erred in denying defense counsel's
motion to withdraw.
II. The trial court erred in denying defendant's motion
to withdraw her guilty plea.
6} In the first assignment of error, Hall contends
that the trial court erred when it denied her attorney's
motion to withdraw as counsel of record.
7} Pursuant to the Sixth Amendment of the United
States Constitution and Section 10, Article I of the Ohio
Constitution, a criminal defendant has the right to counsel.
State v. Milligan,40 Ohio St.3d 341, 533 N.E.2d 724
(1988), paragraph one of the syllabus. A criminal defendant
does not, however, have the right to counsel with whom he or
she has a rapport or with whom he or she can develop a
meaningful lawyer and client relationship. State v.
Henness,79 Ohio St.3d 53, 65, 679 N.E.2d 686 (1997).
"Under the federal and state constitutions, the