State v. Bruce, 2016 Ohio 7132

Michael R. Bruce was indicted on multiple counts including rape (three counts), kidnapping (two counts), and gross sexual imposition (one count).
On October 21, 2013, while represented by counsel, Bruce pled guilty to two counts of unlawful sexual conduct with a minor (R.C. 2907.04), stipulated as lesser-included offenses of the rape counts.
The trial court accepted the plea, sentenced Bruce to concurrent five-year prison terms, imposed Tier II sex-offender classification and five years of postrelease control.
On July 31, 2015, Bruce moved to withdraw his guilty plea, arguing the offenses he pled to were not lesser-included offenses of the indicted crimes; the trial court denied the motion without an evidentiary hearing on October 19, 2015.
Bruce appealed; after a procedural dismissal and grant of leave to appeal, the Tenth District reviewed whether the trial court abused its discretion by denying a hearing and refusing to allow plea withdrawal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying a post-sentence motion to withdraw a guilty plea without a hearing	State: Bruce voluntarily waived indictment and rights by knowingly, intelligently, voluntarily pleading guilty while represented by counsel	Bruce: The offenses he pled to were not lesser-included offenses of the indicted crimes, so plea withdrawal is required	Court: No abuse of discretion; plea knowingly and voluntarily waived right to indictment, so denial affirmed

Smith v. State, 49 Ohio St.2d 261 (recognizes standard for post-sentence plea withdrawal and burden to show manifest injustice)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (defines abuse of discretion standard)
Stacy v. Van Coren, 18 Ohio St.2d 188 (holding that a voluntary guilty plea waives constitutional rights, including right to indictment)