State v. Moore, 2012 Ohio 657

Indicted July 16, 2009 on two counts of burglary (felony 2nd degree) and one count of assault (misdemeanor 1st degree).
Prior to trial, Sept. 3, 2009, Moore negotiated a plea to one burglary count with the other charges dismissed and a four-year sentence with three years of post-release control, written and signed by Moore.
Crim. R. 11 colloquy occurred at change-of-plea; court accepted the plea as knowingly, intelligently, and voluntarily given; sentencing followed with Moore apologetic.
About a year and a half later, Moore, pro se, moved for judicial release (Mar. 21, 2011) and was denied; he then moved to withdraw his guilty plea (Apr. 25, 2011), which was denied.
Moore appeals, asserting the trial court abused its discretion by overruling the post-sentence motion to withdraw without an evidentiary hearing; the assignment of error follows.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post-sentence withdrawal of plea requires an evidentiary hearing.	Moore; manifest injustice shown by alleged counsel ineffectiveness.	Moore; facts alleged would support allowing withdrawal.	No abuse; no manifest injustice; no mandatory hearing.

State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (standard for abuse of discretion Crim. R. 32.1 review)
State v. Adams, 62 Ohio St.2d 151 (Ohio 1980) (abuse of discretion requires reasonableness)
State v. Caraballo, 17 Ohio St.3d 66 (Ohio 1985) (manifest injustice requirement for post-sentence withdrawal)
State v. Vogelsong, 2007-Ohio-4935 (Ohio 3d Dist.) (post-sentence withdrawal requires exceptional defect)
State v. Hamed, 63 Ohio App.3d 5 (Ohio 8th Dist. 1989) (hearing not mandatory unless facts require withdrawal)