State v. Buell, 2016 Ohio 2734

Derrick Buell was indicted on multiple drug-related and assault charges alleging he supplied heroin to his 15‑year‑old son; he later agreed to plead guilty to one count of endangering children in exchange for dismissal of other charges and a joint recommendation of community control.
The plea was accepted by a trial judge; sentencing was continued for a pre-sentence investigation (PSI) and a community-based correctional facility (CBCF) evaluation.
Before sentencing, the case was reassigned to a different judge who indicated he would impose a prison term despite the parties’ joint recommendation.
Buell, informed of the change, orally moved to withdraw his guilty plea prior to sentencing, asserting he pled only because he believed the State and courts would continue his community control and he was not guilty.
The sentencing judge conducted a Xie hearing, found Buell’s stated basis to be a change of heart about sentencing ("sour grapes"), denied the motion, and sentenced Buell to 30 months’ imprisonment.
The appellate majority vacated and remanded, concluding the sentencing judge erred in finding no promise of a joint recommendation and that this factual error may have affected the withdrawal decision; a dissent would have affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Buell)	Held
Whether the trial court abused discretion denying pre-sentence motion to withdraw plea	The denial was proper because Buell sought withdrawal only due to displeasure with the anticipated sentence, not a legitimate basis	Buell argued he was not actually guilty and pled only because he reasonably believed the State would recommend continued community control as part of the plea bargain	Majority: Vacated and remanded for reconsideration because the sentencing judge erred about whether a joint recommendation was promised; denial may have rested on that factual error. Dissent: Affirmed — judge did not abuse discretion (sour grapes).

State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence motion to withdraw plea requires hearing; withdrawal allowed only for reasonable and legitimate basis and is within trial court's discretion)