In State v. Rand, Franklin App. No. 03AP-745, 2004 Ohio 5838, the defendant appealed the sentence imposed in the trial court; this court found error and remanded for resentencing. On remand, the defendant requested that the court allow him to withdraw his guilty plea, contending the guilty plea was improperly taken for failure to advise him concerning his ineligibility for probation. The trial court denied the motion to withdraw the guilty plea, and on appeal this court deemed the initial issue to be "whether the motion to withdraw the guilty plea was pre-sentence or post-sentence for purposes of analysis under Crim.R. 32.1." Id. at P8. Concluding the motion would be deemed pre-sentence, the Court stated "the sentence that the trial court initially entered was not valid because, contrary to the trial court's determination, a prison sentence was mandatory pursuant to R.C. 2929.13(F) given that defendant was previously convicted of a second-degree felony. Under the circumstances of this case, we conclude the defendant's motion to withdraw his guilty plea was pre-sentence--that is, the motion was made before the sentence was imposed for purposes of Crim.R. 32.1." Id. at P9.