State v. Radovanic, 2013 Ohio 4157

Indictment charged theft by deception; defendant Rosemarie Radovanic pled guilty to one count on May 21, 2012.
Trial court sentenced on June 5, 2012 to five years of community control and restitution of $261,870.98.
Probation officer moved to revoke probation on Nov. 15, 2012 due to defendant's work as owner of health-care businesses.
On Jan. 11, 2013, Radovanic moved to vacate her plea under Crim.R. 32.1 asserting manifest injustice from collateral consequences of the plea.
Trial court denied the motion on Feb. 14, 2013; she appealed contending no evidentiary hearing was required and the plea should be vacated.
Appellate court ultimately affirmed, holding the plea was valid and the court did not abuse its discretion in denying the motion without a hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of Crim.R. 32.1 post-sentence motion without a hearing was proper	Radovanic argues manifest injustice requires an evidentiary hearing.	State contends no hearing was required because record shows no manifest injustice.	No abuse of discretion; no hearing required where record negates manifest injustice.
Whether exclusion from federal health-care programs constitutes a manifest collateral consequence requiring relief	Radovanic says the exclusion impeded her ability to work and supports manifest injustice.	State argues exclusion is a collateral consequence not necessitating plea withdrawal.	Record shows parties were aware of potential exclusion; collateral consequence did not render plea invalid.
Whether the record supported the trial court’s conclusion that the plea was knowing, voluntary, and intelligent	Radovanic asserts lack of awareness of consequences undermines validity.	State contends plea complied with Crim.R. 11 and direct consequences were explained.	Plea deemed valid; court not required to inform of all collateral consequences.

State v. Dumas, 2008-Ohio-4896 (10th Dist. 2008) (informing of direct, not collateral, consequences suffices for validity of plea)
State v. Vincent, 2003-Ohio-3998 (4th Dist. 2003) (evidentiary hearing not required if record shows no manifest injustice)
State v. Buck, 2005-Ohio-2810 (9th Dist. 2005) (hearing not required where movant fails to show manifest injustice)
State v. Barrett, 2011-Ohio-4986 (10th Dist. 2011) (evidentiary hearing discretionary when no manifest injustice shown)
State v. Spivakov, 2013-Ohio-3343 (10th Dist. 2013) (defines manifest injustice standard for post-sentence withdrawal)
State v. Harris, 2007-Ohio-6362 (6th Dist. 2007) (plea validity requires awareness of direct consequences; collateral not required)
State v. Hagler, 2010-Ohio-6123 (10th Dist. 2010) (collateral consequences need not be disclosed for knowing, voluntary plea)