State v. West, 2018 Ohio 1176

David West was indicted in March 2016 for failing to register a change of address and pleaded guilty.
At plea the trial court told West he needed to show he could succeed on community control and to follow the law before sentencing.
Between plea and sentencing the State informed the court West "got into more trouble."
As the trial court began announcing a prison sentence rather than community control, West moved to withdraw his guilty plea; the court denied the motion without a hearing and proceeded to sentence West to 10 months in prison.
West appealed, arguing the motion to withdraw was a pre-sentence motion and therefore required a hearing; the Ninth District treated the motion as effectively post-sentence and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by denying West's motion to withdraw his guilty plea without a hearing	West: Motion was a pre-sentence motion, so the court was required to hold a hearing before denying it	State/Trial court: Motion was filed only after the court began imposing a prison sentence, so it should be treated as post-sentence and no mandatory pre-sentence hearing rule applies	Court held the motion was effectively post-sentence because West moved to withdraw only after the court began imposing prison time; no hearing was required and denial was not an abuse of discretion

State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence motion to withdraw plea ordinarily requires a hearing to determine if it has a reasonable and legitimate basis)