State v. Current, 2012 Ohio 1851

Defendant-appellant Terry L. Current was indicted on weapon under disability and receiving stolen property charges in two cases; he pled guilty to having weapons under disability and complicity to breaking and entering on Dec. 7, 2009 in exchange for dismissal of other charges.
The trial court sentenced Current on Jan. 14, 2010 to four years (weapons) and twelve months (entering), to be served concurrently.
On Aug. 16, 2010, Current moved to withdraw his guilty plea under Crim.R. 32.1, which the trial court denied on Sep. 16, 2010.
Current timely appealed the denial of his post-plea motion to withdraw his plea.
The sole assignment of error is that the trial court erred by denying withdrawal without a hearing.
The appellate court majority held the denial was not an abuse of discretion and affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying the post-sentence motion to withdraw the plea without a hearing.	Current argues the State breached the plea deal by not recommending a one-year sentence.	State did not promise a one-year sentence and the plea form/hearing reflected no such promise.	No abuse of discretion; no manifest injustice shown; no hearing required.

State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (establishes standard for post-sentence Crim.R. 32.1 motions: manifest injustice exceptions)
State v. Stewart, 2004-Ohio-3574 (2d Dist. Greene Co. 2004) (no automatic hearing on post-sentence withdrawal; must show reasonable likelihood of manifest injustice)
State v. Plemons, 2006-Ohio-1608 (2d Dist. Montgomery Co. 2006) (plea withdrawal evidence assessment; credibility of movant's assertions)