State v. Bickerstaff

2025 Ohio 4567
CourtOhio Court of Appeals
DecidedSeptember 30, 2025
DocketL-25-00057 & L-25-00058
StatusPublished

This text of 2025 Ohio 4567 (State v. Bickerstaff) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bickerstaff, 2025 Ohio 4567 (Ohio Ct. App. 2025).

Opinion

[Cite as State v. Bickerstaff, 2025-Ohio-4567.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY

State of Ohio Court of Appeals No. {48}L-25-00057 {48}L-25-00058 Appellee Trial Court No. CR0202201841 CR0202201443 v.

Marc Bickerstaff DECISION AND JUDGMENT

Appellant Decided: September 30, 2025

*****

Julia R. Bates, Lucas County Prosecuting Attorney, and, Lorrie J. Rendle, Assistant Prosecuting Attorney, for appellee.

Marc Bickerstaff, pro se.

***** MAYLE, J.

{¶ 1} The defendant-appellant, Marc Bickerstaff, appeals a February 21, 2025

order of the Lucas County Court of Common Pleas denying his motion to withdraw his

guilty pleas in two consolidated cases, Nos. CR-2022-1443 and CR-2022-1841. For the

following reasons, we affirm. I. Background

{¶ 2} In case No. CR-2022-1443, the State alleged that Bickerstaff robbed a

Huntington Bank branch and two 7-Eleven stores on or about March 11-12, 2022.

Following the incident, on March 22, 2022, Bickerstaff was indicted for one count of

robbery, a violation of R.C. 2911.02(A)(2) and (B), a felony of the second degree; and

two counts of aggravated robbery, violations of R.C. 2911.01(A)(1) and (C), each a

felony of the first degree. Each count also included a repeat offender specification

pursuant to R.C. 2941.149.

{¶ 3} On May 24, 2022, a few months after the first indictment, Bickerstaff was

once again indicted by a Lucas County Grand Jury for one count of robbery, a violation

of R.C. 2911.02(A)(2) and (B), a felony of the second degree. In this case, Bickerstaff

was accused of robbing a Kroger store on May 10, 2022. This case was assigned case

No. CR-2022-1841.

{¶ 4} Originally, Bickerstaff pled not guilty to all charges. Although the cases

were not consolidated by a trial court order, comprehensive plea negotiations resulted in a

combined plea hearing on July 20, 2022. At that time, Bickerstaff changed his plea in

both cases. In case 1443, Bickerstaff pled guilty to one count of robbery, a violation of

R.C. 2911.02(A)(2) and (B), and two amended counts of the lesser-included offenses of

robbery, violations of R.C. 2911.02(A)(2) and (B). In exchange, the state agreed to nolle

prosequi the three R.C. 2941.149 specifications at sentencing. In case 1841, Bickerstaff

2. pled guilty to one count of the lesser-included offense of robbery, a violation of R.C.

2911.02(A)(3) and (B). Bickerstaff also agreed to pay restitution to Kroger.

{¶ 5} In a combined sentencing hearing on August 17, 2022, for case 1443, the

trial court ordered Bickerstaff to serve a mandatory minimum term of six years in prison

and a maximum indefinite term of nine years for each of the three offenses. These

sentences were to be served concurrently to one another. The trial court additionally

ordered Bickerstaff to pay restitution of $340 to Huntington Bank and of $160 to 7-

Eleven. In case 1841, the trial court ordered Bickerstaff to serve a three-year prison term

consecutively to his sentence in case 1443. The trial court additionally ordered

Bickerstaff to pay restitution of $2,028.95 to Kroger. As a result of both sentences,

Bickerstaff was to serve an aggregate prison term of minimum nine years with an

indefinite maximum of nine years.

{¶ 6} On June 5, 2023, this court granted Bickerstaff’s motion to file delayed

appeals in case 1443, assigned appellate case No. L-23-1147, and in case 1841, assigned

appellate case No. L-23-1013. This court subsequently consolidated both appeals. On

appeal, Bickerstaff raised one assignment of error regarding the trial court’s assignment

of consecutive sentences. Bickerstaff argued that he was non-violent and remorseful, and

only committed the offenses due to his ongoing drug addiction. We affirmed the trial

court’s judgments because Bickerstaff did not prove that the trial court's consecutive-

sentence findings were clearly and convincingly not supported by the record under R.C.

3. 2953.08(G)(2). State v. Bickerstaff, 2024-Ohio-871 (6th Dist.). Bickerstaff did not

appeal this decision.

{¶ 7} Following his direct appeal, on December 23, 2024, Bickerstaff filed a

motion to withdraw his guilty plea in the trial court. In this motion, Bickerstaff argued

that he was unaware that his sentence included mandatory prison time and that he never

would have entered into a guilty plea had he known that he could not receive earned

credit, apply for judicial release, and was not amenable for community control during that

time.

{¶ 8} The trial court denied the motion in an order dated February 21, 2025. In

its denial, the trial court found that “[f]irst, [Bickerstaff] could have appealed these

issues, but did not. Second, the record indicates [Bickerstaff] is mistaken about the facts

upon which his instant motion relies. Third, the instant motion comes ~2 ½ years after he

was sentenced; he offers no explanation as to why only now he has become confused or

misled.” Bickerstaff appealed to this court presenting one assignment of error for our

review:

The trial court erred denying Appellant’s post-sentence motion to withdraw guilty

plea.

II. Law and Analysis

{¶ 9} Bickerstaff argues that the trial court should have granted his post-sentence

motion to withdraw guilty plea because his guilty plea was not knowing, intelligent, or

voluntary. He contends that the two plea agreement forms are confusing and that when he

4. discussed this confusion with his trial counsel, counsel informed him that he would not

receive mandatory time on any of his charges. Furthermore, Bickerstaff takes issue with

the sentencing judgment entries’ “contradicting statements” explaining the possibilities

for how he can reduce his sentence. Bickerstaff argues that he would not have entered his

pleas if he knew that he had no possible avenue for earned credit or he would not be

amenable for judicial release or community control.

{¶ 10} Crim.R. 32.1 governs the withdrawal of a plea of guilty or no contest and

provides that such motion “may be made only before sentence is imposed” however, “a

trial court may grant a defendant's post-sentence motion to withdraw a guilty plea to

‘correct a manifest injustice.’” State v. Straley, 2019-Ohio-5206, ¶ 13, citing Crim.R.

32.1. A “‘manifest injustice’ is a clear or openly unjust act, … and relates to a

fundamental flaw in the plea proceedings resulting in a miscarriage of justice.” (Citations

omitted.) Id. at ¶ 14. The term “has been variously defined, but it is clear that under such

standard, a postsentence withdrawal motion is allowable only in extraordinary cases.” Id.,

quoting State v. Smith, 49 Ohio St.2d 261, 264 (1977). A defendant who seeks to

withdraw a plea of guilty after the imposition of sentence has the burden of establishing

the existence of manifest injustice. Id., citing Smith at paragraph one of the syllabus.

{¶ 11} An appellate court reviews a trial court’s decision on a motion to withdraw

a plea under an abuse-of-discretion standard. Smith, at 264. The term “abuse of

discretion” implies that the court’s attitude is “unreasonable, arbitrary or

unconscionable.” (Citations omitted.) State v. Adams, 62 Ohio St.2d 151, 157 (1982).

5. A. Bickerstaff’s Argument is Barred Under the Doctrine of Res Judicata

{¶ 12} Claims submitted in support of motions filed pursuant to Crim.R. 32.1 are

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Related

State v. Ketterer
2010 Ohio 3831 (Ohio Supreme Court, 2010)
State v. Cain
2021 Ohio 1841 (Ohio Court of Appeals, 2021)
State v. Smith
361 N.E.2d 1324 (Ohio Supreme Court, 1977)
State v. Adams
404 N.E.2d 144 (Ohio Supreme Court, 1980)
State v. Bickerstaff
2024 Ohio 871 (Ohio Court of Appeals, 2024)

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Bluebook (online)
2025 Ohio 4567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bickerstaff-ohioctapp-2025.