State v. Burchett, 2013 Ohio 1815

Burchett was indicted for gross sexual imposition (third degree felony) in 2010.
He pled guilty on September 16, 2010 to the indictment.
A pre-sentence investigation was ordered; sentencing was initially scheduled for June 2, 2011.
Appellant moved to withdraw his guilty plea on July 13, 2011 amid competency concerns.
The trial court denied the motion on August 1, 2011; Burchett was sentenced August 10, 2011 to four years in prison and five years of community control.
No transcript of a hearing on the motion to withdraw the plea exists, creating an appellate record gap.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court abuse discretion in denying withdrawal of plea?	Burchett argues the plea should be withdrawn due to the deal not being enforceable.	State argues no right to withdraw pre-sentencing and court properly exercised discretion.	Judgment reversed; remanded for an oral hearing on the motion.

State v. Xie, 62 Ohio St.3d 521 (1992) (requires a hearing to determine a reasonable basis for plea withdrawal)
State v. Harmon, 141 Ohio App.3d 551 (2001) (factors for evaluating motion to withdraw plea)
State v. McNeil, 146 Ohio App.3d 173 (2001) (additional factors guiding withdrawal of guilty plea review)
State v. Griffin, 141 Ohio App.3d 551 (2005) (consideration of reasonableness and fairness in withdrawal motions)
State v. Adams, 62 Ohio St.2d 151 (1980) (abuse of discretion standard in appellate review)